F 

tea 




I^CDort of joint connni'tcc to iiivcstij^a- 
lie acts and proceedings of tlie Boai 
i»f Proprietors of ICast Jersey. Touchin 
the rights and interests of the State, an^ 
of the Citizens thereof. 8vo, 124 pji 
Xew boards. Trenton, 1882 v.^-00 





Glass. 
Book. 






Compliments of 

JOHN S. APPLEGATE. 






^<>^^!&C«^, 






?3f5s 



REPORT OF JOINT COMMITTEE 



INVESTIGATE THE ACTS AND PROCEEDINGS 



Board of Proprietors of East Jersey, 



TOUCH I Ni; iiii 



RIGHTS AND INTERESTS OF THE STATE, AND OF 
THE CITIZENS THEREOF. 



■1882. 




is 






TKKNTOK, N. J.: 
John L. Mvkphy. Book and Job Printrr. 



Ym 






>^^^^p^^ 



^y^-m^'^^^^^ky 



A- 



REPORT OF JOINT COMMITTEE 



INVESTIGATE THE ACTS AND PROCEEDINGS 



Board of Proprietors of East Jersey, 



TOUCHING THE 



RIGHTS AND INTERESTS OF THE STATE, AND OF 
THE CITIZENS THEREOF. 



1882. / 



TRENTON, N.J. : 

JoHH L. MuKPHY, Book and Job Printir. 

1882. 



REPORT. 



MINUTES OF HOUSE OF ASSEMBLY. 

Tuesday Afternoon, F'ebruary 8th, 1881. 

Mr. H. W. Murphy offered the following lesolution : 

Whereas, The Board of Proprietors of East Jersey have made claim 
to land under the public waterw of this State, where the tide ebbs 
and flowH, and have offered to sell, and have sold, the land under 
the waters of Shark river, in the county of Monmouth, thereby 
interfering with the rights of the people of this State to the 
enjoyment thereof; 

And whereas, It is reported that there are various irregularities and 
proceedings in said Board, whereby preference has not been 
given to owners of adjoining lands in accordance with the 
former custom of the Board, and in accordance with the letter 
and spirit of the law of this State, passed June 5Lh, 1787, and 
the supplement thereto, passed November 28ih, 1789, thereby 
causing great damage to persons who supjiosed their titles per- 
fect, and which disregard of the laws of this State by said 
Board of I'roprielors, if continued, will unsettle titles in East 
Jersey ; 

And WHEREAS, It is reported that persons claiming authority under 
commissions as Deputy Surveyors, issued to them b}' the Sur- 
veyor-General, have entered upon the lands of owners holding 
under good titles, and against the will of said owners, and in 
defiance of them, have made surveys, which have been returned 
by the Survej'or-General, without notice, as required by law, to 
the said owners, to I he great damage of said owners ; 

And WHEREAS, The said Board of Proprietoi-s, at their meeting in 
May last, adopted a resolution excluding all persons from the 
right of examining the records of the office, except members of 
the Board, which exclusion includes nearly all the members of 
the bar in the State, and causes gi-eat delay, inconvenience and 
damage ; 

And whereas. The Slate of New Jersey appropriated money from 
the funds of the jjcople for the erection of" the building and pro- 
viding a tire-j)roof vault where the said i-ecords ai-e now kept; 
theretore be it 



Resolved, Senate concurring, that a special committee of five, to be 
composed of two members of the Senate and three members of the 
House of Assembly, be appointed to investigate the facts alleged in 
the foregoing preamble, and any and all other matters in connection 
with said Board of Proprietors of East Jersey, touching the rights, 
interests and privileges of the State, and the citizens thereof, with 
power to send for and compel the attendance of persons and papers, 
and with leave to sit during the recess of the Legislature, unless they 
shall be ready to report during the present session, and that the Com- 
mittee also report any legislation necessary in the premises." 

Which was read and adopted. 



SENATE JOUENAL. 

Wednesday, February 9th, 1881. 

The following message was received from the House of Assembly, 
by the hands of its Clerk: 

State of New Jersey, ) 

Assembly Chamber, February 9th, 1881. J 
Mr. President : 

1 am directed by the House of Assembly to inform the Senate that 
the House of Assembly has passed the following concurrent resolu- 
tion. [Quoted as above.] 

In which the concurrence of the Senate is requested. 

C. O. COOPER, 

Clerk of the House of Assembly. 

The resolution was referred to the Committee on Eiparian Eights, 
who were requested to confer with the Attorney General with refer- 
ence to the matter. 

Mr. Sewell, of the Committee on Eiparian Eights, reported House 
concurrent resolution with the request that the resolution be printed 
for the use of Senate. 

Which was agi^eed to. 

Tuesday, February 15th, 1881. 

Mr. Sewell moved that the House Concuri*ent Eesolution relative 
to the Proprietors of East Jersey, and the sale of lands under the 
waters of Shark river, be taken up. 

Which was asfi'eed to. 



The same Senator moved to strike out all in seventh line after 
word "papers," and insert "to report to this Legislature by bill or 
otherwise." 

Which was agreed to. 

And the resolution as amended was agreed to. 



MINUTES OF HOUSE OF ASSEMBLY. 

Tuesday afternoon, February 15th, 1881. 

A message was received from the Senate, by the hands of its Sec- 
retary, as follows : 

State op New Jersey, ") 

Senate Chamber, February 15tb, 1881. j 
Mr. Speaker: 

I am directed by the Senate to inform the House of Assembly that 
the Senate has passed the concurrent resolution relative to Board of 
Proprietors of East Jersey and land under the waters of Shark river. 

With an amendment. 

In which the concurrence of the House of Assembly is requested. 

GEORGE WURTS, 

Secretary of the Senate. 

Which was read, and the amendment concurred in. 

Wednesday, February 16th, 1881. 

The Speaker appointed Messrs. H. W. Murphy, Munn and Post as 
the Committee on the part of the House, under the concurrent resolu- 
tion of Mr. H. W. Murphy, relative to certain alleged proceedings of 
the East Jersey Proprietors. 



SENATE JOURNAL. 

Wednesday, February 16th, 1881. 

The following message was received from the House of Assembly, 
by the hands of its Clerk : 

State of New Jersey, ) 

Assembly Chamber, February 16th, 1881. j 
Mr. President : 

I am directed by the House of Assembly to inform the Senate that 
the House of Assembly has concurred in the amendment made in the 
Senate to the concurrent resolution providing for the appointment of 



a special committee to investigate and report upon certain alleged 
proceedings by the Board of Proprietors of Bast Jersey, and that 
Messrs. H. W. Murphy, Munn and Post have been appointed as such 
committee on the part of the House. 

C. O. COOPEE, 
Clerk of the House of Assembly. 

The President announced as the special committee on the part of 
the Senate to investigate and report upon certain alleged proceedings 
by the Board of Proprietors of East Jersey, Messrs. Vail and Beekman. 



MINUTES OF HOUSE OF ASSEMBLY. 

Thursday, March 17th, 1881. 

Mr. Bell offered the following concurrent resolution : 

Whereas, The Special Committee appointed to inquire into and inves- 
tigate the sale by the Board of Proprietors of Bast Jersey, of 
lauds under tide-waters of this Slate, and also certain alleged 
irregularities mentioned and referred to in the resolutions under 
which said committee was appointed, have not been able to com- 
plete their investigations in time to make a report to the Legis- 
lature at the present session ; 

And whereas, The matters under investigation are of great import- 
ance to the people of the State, and may seriously atfect its 
revenues; therefore be it 

Resolved, The Senate concurring, that the said Special Committee 
be empowered to sit during the recess of the Legislature, for the pur- 
pose of continuing their investigations, and that they have leave to 
employ such clerical assistance as may be necessary, and that the 
committee report at the next session of the Legislature. 

Which was read and adopted. 



SENATE JOURNAL. 

Thursday, March 17th, 1881. 

The following message was received from the House of Assembly 
by the hands of its Clerk : 

State of New Jersey, 
Assembly Chamber, March 17th, 1881. 
Mr. President: 

I am directed by the House of Assembly to inform the Senate that 
the House of Assembly has passed the following concurrent resolu- 
tion. [As quoted above.] 



} 



Thursday, March 17th, 1881. 

The House concurrent resolution, date of March 17th, 1881, relative 
to Special Committee on Board of" Proprietors of East Jersey, was 
taken up and concurred in. 

State of New Jersey. 

I, Henry C. Kelsey, Secretary of State of the State of New Jersey, 
do hereby certify, that the foregoini^: is a true copy of a " Resolution 
relative to Board of Proprietors of East Jersej'," etc., and of the pro- 
ceedings had thereon, from its introduction and adoption in the House 
of Assembly, to its amendment in the Senate, and the concurrence of 
the House of Assembly in said amendment; also of the record of the 
appointment b}' the Speaker of the House and President of the 
Senate, of the Committee, &u. ; and of a "Kcsolution authorizing the 
Committee to ^it during the recess of the Legislature," &c., and of 
the record of its introduction and adoption in tlie House of Assembly 
and of the concurrence in the same by the Senate, as the same are 
taken from and compared with the original Minutes of the House of 
Assembly and Journal of the Senate, respectivel}-, now remaining on 
file in my office. 

In testimony whereof, I have hereunto set my hand and affixed 

P -, my official seal, at Trenton, this seventeenth day of June, 

L^- ^■-l A. D. 1881. 

HENJRY C. KELSEY, 

\ Secretary of State. 



PROCEEDINGS 

Of the Joint Committee appointed under the concurrent resolution, 
adopted at the session of 1881, relative to the Board of Proprie- 
tors of East Jersey, and laud under the waters of Shark river. 

Newark, June 11th, 1881. 

The Committee met at the office of Hon. Joseph L. JMunn, at eleven 
o'clock A. M. Present, Messrs. Vail and Beekman, members on the 
part of the Senate, and Messrs. Munn and Murphy, members on the 
part of the House of Assembly. 

On motion, Hon. Benjamin A. Vail was appointed Chairman of the 
Committee. 

On motion, James S. Yard was appointed Secretary. 

On motion, the Secretary was directed to issue subptcnas to certain 
witnesses to be in attendance at the next meeting of the Committee. 



10 

On motion, it was ordered that the next meeting of the Committee 
be held at the office of the Surveyor-G-eneral of East Jersey, at Perth 
Amboy, on the 18Lh day of June next, at ten o'clock A. M. 

On motion, the meeting then adjourned. 

Perth Amboy, June 18th, 1881. 
The Committee met pursuant to adjournment. 

On motion, James A. MacLauchlan was appointed stenographer for 
the Committee, and was duly sworn. 

The Hon. Eobert Gilchrist appeared on behalf of the State, in lieu 
of the Attorney-General. 

William M. Force, a witness subpoenaed by order of the Committee, 
being duly sworn, testified as follows: 

By Senator Beekman — 

Q. Your residence, age and business ? 

A. My age, 64 ; residence, Newark ; business uncertain — general. 

Q. What has been your business ? , 

A. Exporting; merchant. 

Q. Have you had a temporary residence in Monmouth county dur- 
ing the summer season ? 

A. Not very recently. 

Q. Had you some time ago? 

A. Yes. sir. 

Q. Whereabouts? 

A. Ocean Beach. 

Q. How long ago ? 

A. I think three or four years. 

Q. How long have you been a Proprietor? 

A. Since 1877 or 1878, I think. 

Q. Did you purchase the Proprietorship, or did it come to you by 
descent ? 

A. 1 purchased it. 

Q. Of whom? 

A. I will have to recall the name by turning to the book — [refer- 
ring to the book] — Ballentine. 

Q. For how much ? 

A, I paid him $250 for a quarter interest. 

Q. A quarter of a shai'e ? 

A. Yes, sir. 



11 

Q. Have you any written evidence of your purchase? Did he give 
you any paper or deed ? 

A. Yes, sir; a deed. 

Q. How many Proprietors are there ? 

A. Do you want to know the number of the men, or the numijer of 
the interests? Some own four, some three, some two interests; there 
were originally twenty-four, and they are divided into ninety-six; one 
quarter, as we term it, I own. 

Q. How many persons are there who own all the shares? 

A. I will have to refer — [referring to book]. 

Mr. Munn — 

Mr. Force might just give the names and their interests from the 
records. 

Witness — • 

I take it from the stock book, as we find it very nearly correct; 
just at this time, some transfers may have been made not yet posted; 
Sabina Kutherford — 

Q. Give the amount of interest in each ease ; has not Sabina Ruth- 
erford's been transferred to Robert B. Rutherford? 

A. It may be so ; I can give you a better record which the Clerk 
can copy, unless you wish to identify certain names at this time; I 
have a copy here just drawn out. 

Q. Give us the names and post office addresses, if you have them? 

A. Yes, I can do that, as near as I can ; I can give you a copy in 
that way, 1 think, nearly correct. 

[The witness subsequently furnished a list of names of the Propri- 
etors, as follows: 

William M. Force, Newark ; Cornelia B. Boggs, J. Lawrence Boggs, 
William P. Boggs, all of Perth Amboy ; Amos Clark, Ji-., Elizabeth ; 
Andrew K. Brinley, Newark ; Charles E. Noble, Morristown ; George 
H. Cook, New Brunswick ; Milford S. Condit, Morristown ; the heirs 
of John B. and William Crawford ; Augustus W. Cutler, Morristown; 
Richard and l^awrence De Bow, Ocean count}' ; Louis Shackner, 
Recorder of Deeds, Philadelphia; William J\ipley, Newark ; N. Norris 
Halsted, Newark ; Benjamin F. Howell, Morristown ; Monroe Howell, 
Parsippany ; John Kean, Jr., Hlizabelh ; Julian H. Kean, Elizabeth; 
Catherine .M. Kearney, Perth Amboy; Thomas T. Ivinney, Newark; 
Henry L. Morris, New York ; Aaron Peck, Perth Amboy; Henry A. 
Pierepont, Henry E. Pierepont, Jr., John J. Pierepont, New York; 
H. Yard, Ocean Beach; George L. Rives, residence unknown; Arch- 
ibald D. Russell, John W. Russell, New York; estate of John Ruther- 



12 

ford, deceased, New York; John A. Eutherford, New York; Louisa 
M. Eutherford, New York; Eobert VV. Eutherford, New York; 
Thomas E. Say re, Newark; heirs of Margaret Steel, residence un- 
known; heirs of Thomas Stout, Monmouth county; Eutherford 
Stevenson, New York ; Francis M. Tichenor, Newark ; James H. 
Tichenor, Newark; estate of Eobert S. Swords, Newark; U. W. Wat- 
son, Perth Amboy ; William S. Yard; estate of John E. Watson, 
Perth Amboy.] 

Q. Are there any qualifications attached to the purchase of a Pro- 
prietorship, such as citizenship or residence? Is it necessaiy to be a 
citizen of the State? 

A. Not necessarily; if a person presents a deed for an interest, the 
Board takes that matter into consideration, ascertains as to the 
name of the parties, and whether the transfer is a legitimate transfer, 
whether the parties are entitled to the transfer and to a s6at under 
it, and if it is found to be correct they are admitted. 

Q. No one is disqualified in consequence of non-residence? 

A. No, sir. 

Q. About how man}' Proprietors are not citizens of the State? 

A. I think you will determine that better when I give 3'ou a list; 
that will make it briefer. 

Q. Do you know how many of the full number hold by purchase? 

A. A large portion of them probably. 

Q. There are a few who hold by descent, are there not ? 

A. Quite a number of them. 

Q. How are the business affairs of the Proprietors managed ? 

A. The organization is by a meeting of the Board under established 
rules; they meet twice each year at regular times — stated times 
under their rules; it requires the presence of 32 quarter interests, or 
eight full shares, and seven members, to form a business quorum; 
then the usual parliamentary rules are followed. 

Q. Do you have printed or written rules for your own internal 
government ? 

A. Yes, sir; written rules. 

Q. Can 3'ou furnish the Committee with a copy of those rules? 

A. I will submit it to them. 

[The witness subsequently read from the book the following as the 
rules called for by the Committee: 

'■'■Resoloed (1), That the customary usage of parliamentary bodies 
be observed at all meetings of tlie Board, as well as the general order 
of business; and that the ofiicers, consisting of a President, Vice 



13 

President, JRegister, Surveyor-General, and Treasurer, be elected in 
each year, at the annual meeting in May, by ballot. 

"Resolved, That there be a schedule of fees prepared, which the 
Kegister shall be entitled to charge for his services from persons 
doing business with the office. 

"Resolved, That the fees of the Surveyor General be also specified. 

"Resolved, That none but the Proprietors have access to the books 
and papers of the office, unless it be in strict accordance with official 
duties, or under charge of an officer; that the minutes of each meet- 
ing be entered in full on the records of the transactions of the Board, 
with all reports in writing submitted to such meetings, and that the 
originals be placed on file. 

"Resolved, That all warrants, returns, or orders for them in trust 
for the Board, be rescinded, and that the record of them be expunged. 

"Resolved, That the owners, heirs, executors, administrators or 
assigns of all such dividends of rights of location unspecified, shall 
have the same rights, privileges, force and effect, as when such divi- 
dend was previously or originally declared and recorded ; and that 
all resolutions to the contrary be rescinded, previous to this meeting. 

"Adopted October, 1779. 

"Resolved, That the voting of members shall be upon the proprietary 
interests held by such members, or their proxies, when demanded by 
any member; when no such demand is made by any member the vote 
may be viva voce. 

"Resolved, That an Executive Committee, of not more than three 
members, to be appointed or chosen, who may, during the intervals 
between the meetings of the Board, have charge of its interests, with 
full power, under the established rules, to make negotiations, sales or 
contracts in the interest of the Board, jointl}^ or otherwise; and that 
they may have charge of the arrangement of the papers now in the 
office, placing them in proper order, and labeling them for reference 
when wanted ; and that they may also examine the records for 
records of important character upon the early history of this Board, 
with a view to their importance in the defence of the rights of the 
Proprietors."] 

Q. Have you held those two meetings each year, regularly, for the 
whole time you have been connected with the Board? 

A. Yes, sir. 

Q. Have you attended those meetings? 

A. I have never been absent but once. 

Q. And you are familiar with all that has been done by the Board 
during the time you have been a Proprietor? 



14 

A. Generally ; yes, sir. 

Q. Do 3'ou keep a record of the proceedings at the meetings, who 
were present and what you do? 

A. Yes, sir ; we have them here. 

Q. These minutes are complete how many years back? 

A. Those minutes are complete to 1685. 

Q. And those minutes show all the Proprietors who were present? 

A. Yes, sir; the minutes show the Proprietors present; I have also 
a list for perhaps 100 years of the names of Proprietors. 

Q. Who were present at the meetings? 

A. Usually ; yes, sir. 

Q. Do you elect a Council for the Board ? 

A. Not regulai'ly. 

Q. Have you elected any for the last three years? 

A. No, sir. 

Q. Have you had a Council? 

A. We have a Council. 

Q. The old law required that the Board should elect a Council 
composed often or twelve members? 

A. Oh! we call ourselves the Council; that is a different thing; 
the law don't require that we should have an attorney. 

Q. There was to be a Council who should rule the affairs of the 
Board ? 

A. We are the Council. 

Q. All the Proprietors themselves ? 

A. Yes, sir. 

Q. You have never selected any particular member to act as a 
Council? 

A. Not recently ; there is an Executive Committee. 

Q. By what authority have you selected them? 

A. By our own authority, 

Q. Do your minutes show how long it is since you selected a 
Council? 

A. So far as that is concerned, we are the Council. 

Q. Do your minutes show? Look back and see if you can find the 
selection of a Council ? 

A. [Heading from book] "1685; the Journal of the procedure of 
the Proprietors of this Province of East New Jersey, from and after 
the 9Lh day of April, 1685;" ever since that time it has been a 
Council; yes; I have a book that will go further back than that; 
but these are the minutes. 

Q. How do you determine disputed questions among yourselves, 
bj^ a viva voice or by balloting ? 



15 

A. Both. 

Q. Do your minutes show ? 

A. Yes, sir; sometimes it shows the specific vote; but there is a 
provision that if there is a call for a division of the Council it«can be 
done; otherwise the viva voce vote is accepted. 

Q. Do you exercise any corporate powers as a Board ? 

A. I would prefer to leave that to the legal determination of wiser 
men in the law than I am. 

Q. Do you know of any law conferring corporate powers upon the 
Board ? 

A. I doubt very much if they ever asked for corporate powers. 

Q. Do they consider themselves a corporation in any respect ? 

A. That may be construed in a double capacity; perhaps as a 
corporation or as joint owners; how the law would treat that 1 am 
not able to determine. 

Q. You are not able to say whether you are a corporation or not ? 

A. I am not able to determine that in the manner in which you 
give it. 

Q. Do you know of any statute law regulating your proceedings ? 
I mean any enactments of the Legislature either since this became a 
State or during the Colonial period ? 

A. I think there are laws that have been passed by the Legislature 
on three or four different occasions in reference to the Proprietors. 

Q. Do you pay any tax to the municipality of Perth Araboy, or to 
the county or Slate, on any of your property ? 

A. Not that I know of. 

Q. Do you know of any that has been paid during the last twenty 
or thirty years ? 

A. Not by the Proprietors. 

Q. Do you own the grounds on which this building is located ? 

A. I doubt it. 

Q. Who owns it? 

A. I think it is a conveyance made to the State of New Jersey. 

Q. Who put up the building, the Proprietors? 

A. I don't know ; I think there was an appropriation for putting 
it up. 

Q. Do 3'ou know how much land the State owns here? 

A. I don't know. 

Q. It was an appropriation by the State of New Jersey? 

A. Yes; I think so. 

Q. Have you seen the deed ? 

A. I have seen a copy of the deed. 

Q. Is it a deed to the State of New Jersey ? 



16 

A. Yes, sir; it is recorded at New Brunswick. 

Q. Do you know who paid for and furnished the seal you use? 

A. I do not. 

Q. You don't know whether the State did it or not? 

A. No; I do not. 

Q. You have a seal ? 

A. Yes, sir. 

Q. Who are your officers? 

A. The President is James H. Tichenor; Vice-President, Eobert 
Eutherford ; the Surveyor-General is Monroe Howell; the Eegister is 
William M. Force; the Treasurer is John Keane, Jr. 

Q. By what authority did you elect those officers? 

A. By our own agreement and vote. 

Q. How many books of record have you in your office ? 

A. I can count them up for you. 

Q. Just tell us, Mr. Force. 

Mr. Munn — 

Q. Perhaps Mr. Force will undertake to furnish a written li&t of 
them? 

A. Yes, sir. 

[Witness subsequently dictates to stenographer as follows : 
" We have about 78 books — 23 books of surveys, beginning with 
1683 and ending at the present time; also, 11 books of conveyances 
and grants by deed and release of Proprieties; one journal; minutes 
from 1685 down to the present time, in 4 books ; also, 12 extracts of 
deeds and concessions; two books of extracts of location; also, 12 
books of warrants from 1683 to the present time, and other miscel- 
laneous books."] 

Q. These books are of two kinds — one recording surveys, and the 
other recording deeds for lands and patents? 

A. No, sir; we don't usually record deeds here; that is a matter 
for the county; we record the surveys and returns. 

Q. In old times, your system was to issue a warrant ? 

A. That was the old custom. 

Q. And then a sui-vey was made and return filed, and a patent fur- 
nished to the purchaser ? 

A. It might be a patent, and it might be a survey ; that was very 
indefinite, indeed. 

Q. You don't do that now ? 

A. No, sir ; not for many years. 



17 

Q. All you do is to file a survey of the land as returned to you by 
the Deputy Surveyor; isn't that all? 

A. No, sir; we record the return that is made by the Surveyor- 
General. 

Q. Those surveys personally are made by deputies acting under the 
Surveyor-General ? 

A. Usually. 

Q. How many deputies are there in the State of New Jersey? 

A. I have a list of them here ; perhaps I can tell you that in a 
moment, [deferring to paper.] About 17, now. 

Q. Who appoints those deputies? 

A. They are appointed by the Surveyor-General, with the general 
approval of the Board. 

Q. Will you give us a list of their names and residences, after we 
get through ? 

A. Yes, sir. 

[Witness subsequently read the list of Deputy Surveyors, as fol- 
lows: 

John W. Pulis, West Milford, Passaic county, N. J. ; Harry Lett, 
Stanhope, Sussex county ; A. J. Disbrow, Oldbridge, Middlesex county ; 
George M. H^^erson, Newton, Sussex county; Stephen M. Disbrow, 
Jr., Oldbridge, Middlesex county; J. Frank Johnson, Morristown, 
Morris county ; George W. Howell, Morristown, Morris county ; Isaac 
Kennedy, Asbury Park, Monmouth county; Joseph E. Layton, Dud- 
ley's Corner, Sussex county; William L. Gary, Flanders, Morris 
county; Harrison Van Duyne, Newark; Samuel D. Smith, Waterloo, 
Sussex county; Delos E. Culver, Jersey City; Henry H. Yard, Ocean 
Beach, Monmouth county; Samuel Osborne, Point Pleasant, Ocean 
county; Francis Corlies, East Long Branch, Monmouth county; 
Henry J. C. Rogers, Cedar Creek, Ocean county; Joseph R. De Bow, 
Clarksburg, Ocean county; Benjamin Jloome, Pompton Plains, Morris 
county.] 

Q. Wiiat power does the Surveyor-General exercise? 

A. He is here ; won't you defer that question to him? 

Q. What are your duties and powers as liegi.ster? 

A. My duty is to keep the minutes of the meetings, issue notices, 
make records; that is, keep the records, make the copies, and cer- 
tify under seal, when called upon. 

Q. Have you any other records except those contained in these 
bound books here in the oflSce? 

■0 



18 

A. It depends upon what you call records; if you call a survey a 
record, we have those that are not in bound books. 

Q. That have not been recorded ? 

A. The surveys are not recorded ; it is the return that is recorded. 

Q. You have surveys not recorded in separate papers? 

A. Yes, sir; they are only the preliminaries, like the original pro- 
ceeding under a warrant. 

Q. Those are filed ? 

A. Yes, sir. 

Q. And labeled, are they ; so that you can turn to them in any one 
year ? 

A. Well, they are very nearly so now. 

Q. Outside of those surveys the books contain nothing except the 
returns, then ? 

A. General returns. 

Q. And those are all the records j^ou keep ? 

A. Greneral returns and the usual proceedings of the Board — what- 
ever is connected with the Board's interests; there may be other 
things ; for instance, a transfer of propriety, or a sale of rights to 
locate; they go into our books; we have deeds for that purpose 
belonging to the Proprietors, but not the public records. 

Q. Have any of the records been taken out of the office ? 

A. I should judge there had been. 

Q. Since you have been in office? 

A. No, sir; not for many years. 

Q. You have not allowed any to be taken out of the office? 

A. No, sir. 

Q. Do you claim, as a Board, to be the owner of those records? 

A. Exclusively. 

Q. And to have the power to sell them ? 

A. To sell the records; no, sir. 

Q. You claim to own them ? 

A. Why certainly. 

Q. You claim the right to deny the public access to them? 

A. No, sir; by no means; we never denied the public access to 
them. 

Q. Is this office open every day ? 

A. No, sir. 

Q. Hasn't the Board denied, in the past, access to your records? 

A. No, sir. 

Q. Except to persons holding shares? 

A. No, sir. 

Q. At no time? 



19 

A. No, sir; but if you desire to know what they have denied — 

Mr. Beekman — 
Q. Yes, sir. 

Witness — 

Free access to that vault; they have never denied access to the 
records, but alwaj's free access to that vault ; our rule is very distinct 
on that subject — the same rule that was adopted in 1729 ; it is an old. 
rule. 

Q. Is that a printed or written rule? 

A. A written rule in the minutes. 

By Mr. Vail— 

Q. Won'i you give us that rule? 

A. Yes, sir; 1729 ; there is a copy of the old rule in Book A, page 

32, July 8th, , that none but the Proprietors have access to the 

books and papei-s of the office unless it be in strict accordance with 
official duties; the moaning of that is simply this, that the general 
access to the taking and using of the books can only be under the 
authority of some official; if any official is here, any gentleman can 
have access to any book in the office ; but it is under his care ; it is to 
be under bis supervision. 

By Mr. Beekman — 

Q. As a fact, there is no official residing at Perth Amboy? 

Witness [to Mr. Boggs] — 
Have you that card here? 

Mr. Beekman — 

Before that card. 

A. Mr. Boggs lived here in the place. 

Q. Is there any fixed hour to keep this office open ever}' day? 

A. I would rather j'ou would ask Mr. Boggs; he is here. 

Q. How long have you been registered ? 

A. Since last May. 

(}. Is it a printed commission ? 

A. Not printed; a written commission, entered in the minutes. 

Q. How are you appointed? 

A, By a vote of the Board. 

Q. Is the Surve3'or-(veneral appointed in the same way? 

A. Yes, sir. 

Q. Do those books of record show the foundation and origin of all 
the titles to lands in East New Jersey? 



20 

A. Not all the lands ; there is some that show the lands. 

Q. Nearly all? 

A. Well, largely. 

Q. Do you understand that a line drawn from the mouth of Little 
Egg Harbor river to the river Delaware, at the latitude of 41° 40' is 
the line between East and West Jersey? 

A. That is considered East Jersey, north of the Laurence line. 

Q. Your records show the origin of all the titles? 

A. Except unlocated lands ; we consider all lands that have never 
been located, as unlocated lands. 

Q. Whether under water or not ? 

A. Yes, sir. 

Q. Have you any record showing the number of acres originally 
embraced in East New Jersey ? 

A. I can't give it to you ; and yet there is a record, and I think 
Professor Cook will be here very shortly, and he can give you a 
statement of the number of acres embraced in it. 

Q. They have declared dividends, have they not, at different times? 

A. Dividends of money and dividends of lands. 

Q. Wasn't the first dividend some 10,000 acres among the twenty- 
four Proprietors — 10,000 acres apiece ? 

A. Well, they varied ; I think I can satisfy you in regard to that; 
I will give you it here: the first dividend was in 1686, 10,000 acres. 

Q. To the twenty-four Proprietors ? 

A. Yes, sir, to each Proprietor. 

Q. 240,000 acres ? 

A. Yes, sir; the second was 1698. 

Q. How manj^ ? 

A. That was 12,000 acres; no, that was 5,000 acres. 

Q. To each Proprietor ? 

A. Yes, sir. 

Q. 60,000 acres? 

A. 120,000; the third was in 1702, 2,500 acres to each twenty- 
fourth. 

Q. The fourth dividend was in 1740? 

A. Yes, sir ; 2,000 acres ; there was 4,000 acres in 1730 to pay for 
certain expenses of the Proprietors. 

Q. 4,000 in the aggregate"? 

A. Yes, sir ; to pay certain expenses; there was 2,000 acres of pine 
rights also to each Proprietor; that was in 1739; there are two other 
dividends of pine rights that I have been unable, in looking over the 
minutes, to ascertain, simplj' because I have not examined thoroughly 



21 

the old warranL book to got it; iho titlh dividend was in 1797, 3,000 
acres lo each Proprietor; then there was an order made, which we 
find in the minute book C, page 109, that 20,000 acres be sold to pay 
certain expenseH. 

Q. When was that ? 

A. I can't give 3'ou the date; I can find it if necessary; these are 
memorandums of my own. 

Q. Taken from the records ? 

A. Yes, sir; the sixth dividend was in 1804, 8,000 acres each; the 
seventh dividend was in 180I>, 2,000 acres to each ; the eighth divi- 
dend was in 1813, 3,000 acres to each Proprietor — to each twenty- 
fourth, understand ; In 1817, there was a stock dividend ; thej' held 
United States stocks at that time on lands that they had sold in 
addition to the dividends that were made; the number of acres I 
can't give you; 868,073.7!* was voted among the several Proprietors; 
the ninth dividend was made in 1817, of 1,200 acres to each Proprietor } 
the tenth dividend was in 1823, 1,000 acres to each ; in 1828, the 
eleventh dividend was 1,000 acres to each Proprietor ; the twelfth 
was in 1834, 600 acres to each Proprietor; the thirteenth was in 1838, 
1,000 acres to eacli Proprietor; in 1850, there was a cash dividend ; I 
can't say the amount; §250 to each Proprietor; the fourteenth divi- 
dend of rights was in 1856 of 1,000 acres. 

Q. To each ? 

A. Yes; in 1878 there was a cash dividend of S50 to each quarter 
share — §200 to each Proprietor. 

Q. Is that all? 

A. Yes, sir. 

Q. Does that show accurately, from your record, all the dividends? 

A. Well, 1 think that is correct. 

Q. Are you positive of that? 

A. Well, just as positive as I am of other things. 

Q. This other dividend was to each whole share ? 

A. Yes, sir; each twenty-fourth. 

Q. Would you be willing to say positivelj*? 

A. I wouldn't say anything positively; I would say to the best of 
my belief, knowledge and information ; you can catechise closel}' to 
show how nearly I may be correct; I could make a mistake in these 
figures. 

Q. You have taken that from the records, and believe it to be 
correct ? 

A. Yes, sir ; I do. 

Q. Those pine lands dividends you don't know ? 



22 

A. I don't ; I have the figures taken from the history, by Gordon, 
of New Jersey. 

Q. Those dividends were for two shares of propriety? 
A. Yes, sir; one twentj'-fourLh. 

By Mr, Munn — 

Q. So that in order to ascertain the aggregate araount of land you 
^must multiply each one of those by twenty-four? 

A. Yes. 

By Mr. Beekman — 

Q. Have you examined any of the original patents issued upon the 
first dividend of 10,000 acres? 

A. I have not directed my attention speciall}' to that feature of it, 
though many of them have passed under my inspection. 

Q. Do you understand that some of the original Proprietors located 
their 10,000 acres in one county ? 

A. Np; I can't say that; I will submit the record. 

Q. Have you ever examined the patent issued to Aaron Soumans? 

A. No, sir. 

Q. In case a patent was issued under that first dividend of 10,000 
acres, and that Proprietor divided up among fifty or sixty purchasers, 
and in some of those surveys little gores would be left where the sur- 
Yeys wouldn't close, do the Proprietors now claim these gores? 

A. 1 can't say what the Proprietors might do. 

Q. As a fact have you taken up such gores? 

A. I am not able to answer that. 

Q. That has never been called to your attention ? 

A. Not in that way ; if it came in a business way that a survey 
made lying between different lands, our rules are, that the survey 
should be strict measure; and if it appeared that there was lands 
there that had never been surveyed, we would survey them without 
any hesitation. 

Q. If it should appear that any of these subordinate surveys didn't 
close, would you take the trouble to examine the original survey? 

A. That would run into a lengthy detail; if jou will ask the Sur- 
veyor-General; he is very competent ; it is his department; I might 
make great ei-rors in answering these questions authoritatively, which 
would be decidedly incorrect, and I should be sorry to submit them 
to you. 

Q. Do you know whether a survey has been recently recorded for 
land adjoining Burnegat Beach — within the last year, say ? 

A. Mr. Boggs is here: he can answer better for that. 



23 

Q. Yon have no knowledge of such a survey in Ocean county? 

A. I have no recollection of anything of the kind. 

Q. Do you know whether there has been a survey returned here for 
the lands known as Shark river? 

A. Yes, sir. 

Q. Does that embrace all the lands covered by the waters of that 
inlet to high water mark ? 

A. So far as that is concerned, 1 think that my answer is too gen- 
eral ; I referred to certain old surveys that I had ray attention called 
to that had been made in Shark river, but I know of no recent one. 

Q. Do you know of any sales under that water? 

A. I do. 

Q. Under what survey were those lands sold? 

A. The survej' has yet to be completed. 

Q. It has not been filed yet? 

A. It has to be completed yet. 

Q. Has it been approved by the Board? 

A. It has not been submitted or recorded. 

Q. And has not been approved ? 

A, It will be approved only when it goes into the Surveyor-Gen- 
eral's hands. 

Q. Haven't you sold those lands? 

A. Yes, sir. 

Q. How could you sell them until the survey was approved and 
recorded ? 

A. It was sold subject to a survey — whatever the Proprietors owned 
there, and to be surveyed. 

Q. Do you know how manj' acres j-ou sold there? 

A. Whatever might be embraced in certain limits; I don't know 
exactly. 

Q. Did they sell as much as ever they owned ? 

A. I won't pretend to say whether it is 5,000, or 10,000, or 50,000 
acres. 

Q. What did they sell there? 

A. "All the right, title and interest of the Board of Proprietors of 
East New Jersey to lands lying in the so-called Shark river, Mon. 
mouth county, and lands bordering upon said river, within 100 yards 
back from the present shore line at high water;" this is from the con- 
ditions of sale ; upon these the sale was made at public auction. 

Q. And you authorized those conditions? 

A. The Board of Proprietors has since approved the sale, with a 
specific reservation ; that reservation is found in the minutes. 



24 

Q. Have you sold anj' other land covered by water in the State — 
Lake Hopatcong, for example? 

A. Yes, sir; I will read another one: "All the right, title and inter- 
est of the Board of Proprietors to lands lying in the so-called Lake 
Hopatcong, Morris and Sussex counties, and lands bordering upon 
said lake, within 100 yards back from the present shore line from 
high water mark;" Brooklyn Pond, that is, formerly known as Great 
Pond. 

Q. That is a fresh water pond ? 

A. Yes, sir. 

Q. What do you mean by high water? 

A. I mean wherever they chose to flow that pond ; if they have a 
dam, and if they take the gates from the dam, they may make it 
very low water ; I have seen it on the flats lower at one time than 
another. 

Q. Have you searched the records to see whether any patents have 
heretofore been issued by the Proprietors for those same lands ? 

A. I think there are searches made ; I think there is old convey- 
ances for portions of Shark river; and I think that some of those 
lands in Lake Hopatcong, in which the waters of the lake have been 
sold; but when they dammed and made the recent dam, it was higher 
than the old dam, and many thousand acres were covered, under and 
by which they covered from 1,100 to 1,300 acres of lands belonging 
to the Proprietors. 

Q. Have you sold any other lands covered by water? 

A. Yes, sir — [reading from paper] — "All the right, title and interest 
of the Board of Proprietors to lands lying in the so-called Culver's 
Pond, Sussex county, and lands bordering upon said pond, within 100 
yards back from the present shore line ;" shall I read further ? it is 
not the sale, but it is the conditions. 

Mr. Beekman — 
Yes ; read it all. 

Witness [Reading] — "All of the right, title and interest of the 
Board of Proprietors to lands lying in the so-called Quick's pond, in 
Sussex county, and lands bordering upon said pond within 100 yards 
back from the present shore line at high water. It is an express con- 
dition of this sale that the lines and boundaries of prior surveys made 
and lands located under such surveys by the Board of Proprietors as 
a Board, or by locations made upon and under rights of location 
granted by the Board, shall not be affected in any way or manner. 
Ten per cent, of the purchase money shall be paid forthwith after the 



25 

sale; the balance of ninety per cent, shall be paid on or before June 
1st, 1882, to the Treasurer of the Board, at which time the purchaser 
shall file a complete survey of the land, and shall then receive a deed 
from the President of the Board of Proprietors in and to the tract of 
land so sold. The purchaser of either of these tracts of land shall, 
immediately after sale, make and sign a memorandum of his pur- 
chase. The bid will be kept open after the properly is struck down ; 
and in case any purchaser shall fail to comply with any of the condi- 
tions of the sale, the premises struck down to him will again be put 
up for sale." 

Q. Who were the purchasers at that sale and the amounts bid ? 

A. I will tell you [referring to book] ; a public sale was held on 
Februar}" 5th, 1881, at the Surveyor-General's office; Shark river, 
$975, to H. H. Yard: Lake Hopatcong to Nathaniel Niles, for $G00 ; 
Culver's pond to the same part}^ for $600; Quick's pond to the same 
party, for $200 ; there was a reservation made that affected very 
materially the sale of Shark river; I would say very largelj' affected 
it ; that was a reservation of a portion of it. 

[Witness reads resolution from minutes.] 

Q. All was sold except that? 

A. Yes, sir; that was reserved. 

Q. Do you understand that the tide ebbs and flows in Shark river? 

A. Yes, sir. 

Q. And that it was a public river? 

A. No, sir. 

Q. Did you know it was common to the public for row-boats and 
so on? 

A. Eow-boats; yes, sir. 

Q. And that it was a public highway? 

A. No, sir. 

Q. Do you understand that it has been common to fish and oyster 
in that water ? 

A. Yes; and to hunt on the lands. 

Q. You don't understand that it was navigable for schooners and 
sloops until the tide filled it up? 

A. No, sir. 

(}. Why was that reservation made at Ocean Beach? 

A. On motion of Mr. Barnet, who was an owner in the Ocean 
Beach Association. 

Q. Did he show any patent from the Proprietors by which that 
should be exempt. 



26 

A. No, sir. 

Q. That was merely a matter of favor to him? 

A. A matter of favor. 

Q. Do 3'ou know whether there has been any settlement with the 
adjoining land owners; adjoining the lands you claim in that river; 
whether you have compromised, or the purchaser has compromised 
and received any money from the different land owners? 

A. 1 have no knowlege of anything of the kind. 

Q. Do you know of that being the case with Lake Hopatcong? 

A. I have never heard of any. 

Q. Do you know of any location of lands near Sandy Hook ; a 
survey returned here for some land adjoining Sandy Hook lately? 

A. No, I don't. 

Q. Do you know of any deed given to a Mr. Russell, for lands at 
Sandy Hook ? 

A. Oh ! that is Sandy Hook itself. 

Q. Of all Sandy Hook ? 

A. All excepting what was originally owned by Mr. Hartshorn. 

Q. That is a quit-claim deed? 

A. It is the usual deed; it is the return; it isn't a deed. 

Q. How long ago since you did that? 

A. I think perhaps over a year ago. 

Q. Did 3^ou ever search and examine the patents to Robert Harts- 
horn from the Proprietors? 

A. Yes, sir. 

Q. Do you know whether it covered Sandy Hook? 

A. It covered 200 acres of it. 

Q. What part of it didn't it cover ? 

A. It didn't cover that portion outside of 30 chains west. 

Q. A part of that has since been made by sand, &c. ? 

A. Oh ! that has been washed away long ago. 

Q. Do you know whether Hartshorn sold this land to the United 
States Government? 

A. I have heard so. 

Q. Do you know of any other surveys filed for lands in Ocean or 
Monmouth counties, or the rivers or bays of those two counties, 
besides what you have mentioned? 

A. I think there was a survey made at Ocean Beach, along the 
shore; I have no distinct recollection; if you want to know my 
knowledge I had better not say ; I know of a survey we made along 
Ocean Beach. 

Q. That is in the ocean ? 



27 

A. Yep, sir; along the shore. 

Q. Between high an() low wiiler mark? 

A. I think it ran down to low water mark. 

Q. In front of whose lands ? 

A. I think lands that I understood were claimed by the Ocean 
Beach Association. 

Q. How much of the coast did that strip take, half a mile? 

A. It is possible; I couldn't tell you to a certainty; it may be half 
a mile. 

Q. Il:i8 that been sold to any one? 

A. It has been sold to the Ocean Beach Association. 

Q. For how much ? 

A. $500. 

Q. And 5'ou gave them a deed ? 

A. 1 think they have a deed; isn't that so, Mr. Boggs? 

Mr. Boggs — 

I delivered the deed. 

Q. Have you had any understanding with the Eiparian Commis- 
sioners about their claims to lands below high water mark? 

A. No, sir; we have never consulted them as a Commission — not 
as Proprietors. 

Q. Have you consulted them as individuals? 

A. That is getting a little too wide. 

Q. 1 ask you ; that's all? 

A. Well; I won't answer. 

(^. Have you consulted them as individuals as to their claims to 
lands under water? 

A. Not as Proprietor; I have never consulted them. 

(^. But you have as an individual? 

Mr. Vail— 

Q. That you decline to answer? 

A. I don't care anything about it; but 1 don't think you have any 
business to ask it; I will answer you; I have consulted with Judge 
Lalhrop, an<l 1 have consulted with Judge Randolph ; but not very 
recently; not since I have been active here ; that general question 
went away back; I had a talk with him about riparian matters when 
the bill was parsed ; I was vei-y free with him, and talked with him a 
great many times. 

Q. Have you ever had any understanding with them about your 
claims and their claims? 

A. No, sir. 



28 

Q. Have they ever interfered or notified you that they had a right 
to the land below high water mark? 

A. No, sir; not as I know of. 

Q. Do you claim any governmental powers as a Board? 

A. No; that was assigned to Queen Anne, long ago. 

Q. You resigned your powers of government in 1702? 

A. Yes, sir; everything that didn't affect our personal rights. 

Q. Did they ever claim to have the power to govern as individuals 
prior to 1702? 

A. That is further than I am able to answer. 

Q. At the time these oflSces of Register and Surveyor-General were 
created, the Proprietors also created a Council, a Governor, and a 
Deputy Governor of this State? 

A. The Board of Proprietors were the Council. 

Q. There was another Council appointed in connection with the 
Governor of the State ; do you know anj^tbing about that ? 

A. No; that is too long ago for me; we have the history here on 
the table. 

Q. Has the matter ever been discussed among the Proprietors 
about the sale of j-our records to the State ? 

A. I can show you several instances of resolutions upon the minutes 
that the rights of the Proprietors might be conve^^ed to the State for 
a consideration. 

Q. Has the amount ever been decided upon ? 

A. I think not. 

Q. Do you know what amount would be satisfactory to the Pro- 
prietors ? 

A. I couldn't tell you ; no, sir. 

Q. You have never determined that question ? 

A. No; it has never been determined, I think; I can refer by a 
little more leisure ; while you are examining other parties, I will 
examine my minutes; I know this has been brought up several times 
before the Proprietors, with a desire that the State might buy the 
same; as they did in North Carolina and Maryland and Virginia; 
close out the whole thing. 

Q. They would surrender the records? 

A. Undoubtedly; that would be a necessity to the conveyance. 

Q. You claim to own the records? 

A. Yes, sir; we would certainly, if we sold out our interests, give 
them all the evidence we could to determine what was theirs under 
the sale. 

Q. You claim to own the records? 



•29 

A. Yes, sir. 

Q. Then you claim the rights to sell them? 

A. I don't take it in that way by any means; my own convictions 
would be these: if I had a piece of land and a house, and I sell my 
land I wouldn't expect to move the house off; I say, if, we sold all 
the Proprietors' interest to the State, all that was connected with it 
would go with it. 

Q. Do you know about how many acres there are left in the State 
have not been deeded away ? 

A. We couldn't tell that only by these deputies; Segoine and others. 

Q. If you couldn't fix that amount it would be buying a cat in a 
bag ? 

A. We would sell it to the State as we sold this, whatever we could 
agree upon ; that is an acknowledgment you didn't ask for. 

Q. Have you ever tried to negotiate a sale to any one outside the 
State? 

A. I have no knowledge of it. 

Q. Do you claim the right to sell to any one with whom you may 
bargain ? 

A. Well, 1 really have never thought of color line or never thought 
of residence in regard to the matter of sale. 

Q. .Do you claim the right to sell to an}- one you can bargain with ? 

A. I know of no reason why not; if there are any legitimate 
reasons, I should saj'^ no; if there are none, I should say yes; I can 
conceive of no reason why we should not ; that is a matter simply of 
opinion. 

Q. Have the Proprietors made a bargain with a lawyer, a man 
named Kussell, authorizing him to recover any lands belonging to the 
Proprietors? 

A. I think I have a memorandum of something — [Producing 
paper]. I have here a proposition ; it reads thus: 

[Witness reads letter addressed to the Board of Proprietors, and 
signed John W. Russell.] 

Q. He proposes to retain eighty per cent, himself? 
A. He will pay the proprietors twenty per cent. 

[Witness reads from the minutes of the Board the resolution of 
acceptance.] 

Q. Did Kussell actually take possession of some land at Sandy 
Hook under that agreement? 

A. Not under this agreement — though he did under another trans- 
action. 



30 

Q. Did he have any other bargain with you about the percentage 
except this ? 

A. No, sir; the minutes don't show it. 

Q. Who have been the active men, and attended the meetings dur- 
ing the hist two years?- 

A. I will give j-ou the names of those present — [reading] — James H, 
Tichenor, William S. Yard, Henry H. Yard, Benjamin F. Howell, F. 
N. Tichenor, John Kean, Jr., Monroe Howell, Joseph DeBovv, William 
Segoine, Eobert Euthei-ford, John W. Eussell, William M. Force, Louis 
Wagner, Louis H. Morris, J. Lawrence Boggs, Charles E. Noble. 

Q. Those have been the active members? 

A. No; those have been present. 

Q. And they have been usually present during the last two j'ears, 
have they ? 

A. No; not always; at another meeting — James H. Tichenor, Wm. 
M. Force, Wm. S. Yard, Louis H. Morris, J. Lawrence Boggs, Chas. 
E. Noble, Wm. A. Eipley, Henry H. Yard, B. F. Howell, F. M. 
Tichenor, John Kean, Jr., Monroe Howell, Joseph DeBow, William 
Segoine, Eobert Eutherford, John J. Eussell, Louis Wagner. 

At another meeting — James H. Tichenor, Wm. M. Force, J. W. Eus- 
sell, Amos Clark, Jr., Wm. S. Y'ard, Monroe Howell, Wm. Segoine, 
Chas. E. Noble, J. Lawrence Boggs, Thomas T. Kinney, James G. 
Barrett Cby attorney), Wm. P. Boggs, James T. Watson, F. M. 
Tichenor, John Kean, Jr., E. W. Eutherford, Benjamin F. Howell. 

Q. What date is that? 

A. The date was February 5th, the last date ; and the other was 
last May and October 19th, 1880. 

Q. Who was present at the meeting that elected you Eegister? 

A. James H. Tichenor, Wm. M. Force, Wm. S. Yard, Louis H. 
Morris, J. Lawrence Boggs, Chas. E. Noble, Wm. A. Eipley, Henry 
H. Yard, B. F. Howell, F. M. Tichenor, John Kean, Jr., Monroe 
Howell, Joseph DeBow, Wm. Segoine, Eobert Eutherford, John J. 
Eussell, Louis Wagner. 

Q. And the names of the gentlemen who voted for you as Eegister, 
have you those ? 

A. Let me see what it says [reading from the minutes]. 

Q. The Mr. Eussell you speak of is John W. Eussell ? 

A. Yes, sir. 

Q. You have no list of the persons voting? 

A. No. 

Q. Were these elections by ballot? 

A. Ballot. . 



31 

Q. You say there arc printed or written rules for your internal 
government? 

A. Yes, sir. 

Q. Are there also rules instructing the Deputy Surveyors as to 
their duties ? 

A. Yes, sir. 

Q. Have you those printed or written ? 

A. No, sir; not printed; we have them here. 

Q. Will 3'ou furnish us copies? 

A. Yes, sir. 

[Witness subsequent!}' reads from book the following, which he 
states comprise the rules governing surveyors : 

" 1. That no survey be made of a less quantity than 50 acres, unless 
the same is to be returned on a warrant which is issued for the loca- 
tion of a less qnantit}', or unless the Deput}' Surveyor who has made 
the survey shall cei-tifyto the Surveyor-General that the tract of land 
that he has so surveyed is bounded on every side by located lands. 

"2. That all surveys be returned for the exact quantity of land 
which they contain, strict measure; and that no allowance be made 
for highways or barrens. 

" 3. That no survey be made with short courses and frequent angles 
for the purpose of leaving out points of land not so good as the rest. 

"4. That all survej-s be plotted, returned and recorded according 
loan exact mensuration bj' the chain and observation of the compass, 
and that no natural boundaries, trees, rivers, rocks, etc., be mentioned 
in the return, except in ascertaining the beginning corner of the 
survey, or by way of remarks in the field book annexed to the map. 

"5. That no long or narrow surve3-s be made, including meadows 
or swamps, and no other survey whatever comprehending waters, 
rivers, brooks or creeks, without including a proper quantity of land 
on each or either side thereof, unless there shall be a ])arlicular order 
from the Board of Proprietors for the purpose."] 

[Witness subsequently reads from minutes the following, as an 
additional rule governing surveyors : 

''Resolved, That the Doput}- Surveyors be instructed that I hey shall 
include in their surveys a certificate that they have notified the occu- 
pants of the adjoining property to that surveyed that they were 
making such survo}' with a view to ac<|uire title to the same, and that 
the Eegister give notice of this resolution to Deputy Surveyors."] 

Q. Have you rescinded any of your rules this last year? 

A. No, sir; not that I now recollect; the old rules have been more 



32 

revived, rather than rescinded ; any that have been rescinded, we 
have tried to revive and keep them as originally intended. 

Q. Do you know when these rules were adopted ? 

A. Oh ! the rules have been changed slightly for the last 100 years, 
from time to time. 

Q. Your book of minutes will show those changes, I suppose ? 

A. Oh, yes; they will show the changes; a man has the enjoyment 
of going through six weeks' work. 

By Senator Vail — 

Q. You said, in the early part of your examination, that before a 
person could acquire a right it would have to be passed upon by the 
Board ? 

A. The seat in the Board. 

Q. A person could not have a seat in the Board unless he had owned 
a share or a quarter share? 

A. That is so. 

Q. Then supposing I should agree with the holder of a share as to 
the price and make the purchase, I wouldn't get any title unless my 
right to take that deed was first passed upon by the Board ? 

A. No, sir; you have a right to your conveyance and your trans- 
action between the parties, but the Board must inspect it, to see 
whether it is a legitimate transaction ; that is, whether the party con- 
veying had a right to convey, and also — well, I think it might be a 
question in regard to the accepting of a party if he was a little off 
color on the question of reputation. 

Q. Then the right to purchase these proprietary rights isn't free to 
everybody ? 

A. Oh, yes; it is free to every one who is willing to pay enough 
for it. 

Q. And who can make an agreement with the holder of a share? 

A. Yes. 

Q. Then what good does the purchase do them, unless their right 
to purchase is fii'st passed upon by the Board ? 

A. That is an independent matter with the Board ; we will say 
President Tichenor has five shares, and he says to Mr. Jones, " If you 
pay me so much I will sell you one of my seats;" when they come 
to the Board it may say, " We would rather have our councils with- 
out Mr. Jones' presence ; we would rather not have him in the Board." 

Q. Suppose I pay you the money for a quarter share and come here 
to the Board and state the transaction, and they say, " No ; we don't 
want you ; you can't come in ; " do you mean to say that I would get 



33 

no title to my purchased share, unless my right to purchase it was 
first passed upon by the Board ? 

A. You would have a perfect right and title to that interest, but it 
would be a matter of option to the Proprietors whether you would be 
in their councils; you would have a right to a dividend; it is only a 
question of sitting here. 

Q. Then the right to purchase or hold those hares is separate from 
the right to sit in this Board? 

A. I conclude so for this reason ; because it has always been the 
custom of the Board, from time immemorial, to vote upon a party, as 
to whether he shall be recognized as a member. 

Q. Do you know, as a matter of fact, whether the Board ever 
refused to admit any one who had purchased a seat? 
A. Yes, I was refused ; 1 was off color. 
Q. But you got in? 

A. Well, it was only a little irregularity ; it was this — the deed was 
not received in time for me to be presented. 

Q. Well, they didn't reject you ; it was only a matter of form. 
A. I was not recognized as entitled to a seat until their next 
meeting. 

Q. When they admitted 3'ou? 
A. Yes. 

Q. Then it wasn't a rejection at all? 

A. Well, I had a title, but I hadn't a seat in the Board until I was 
voted in. 

Q. Could you have transferred your share to anybody else and con- 
ferred a good title ? 
A. Certainly ; yes. 

Q. Before the}'' had admitted 3 ou to a seat in the Board ? 
A. Undoubtedly; I could pass over everything I hud to another 
party. 

Q. A seat in the Board isn't necessar}' to enable a man to take a 
dividend under his purchase? 

A. Not at all ; but it maj' be a very questionable thing — a man that 
will take an offence at some act that ma}' have occurred, and form a 
collusion with parties to injure the Proprietors in an}' of their acts, as 
a revengeful act, he would be rejected, without any doubt ; it wouldn't 
be considered creditable ; I believe myself that the Board have invar- 
iably looked upon the reputation of their members with as great 
regard as whether they have paid the money. 

Q. Do you know any one besides yourself who was ever rejected? 
A. 1 do not ; there are others who have been longer in the Board. 

3 



34 

Q. Do you know of anything in the minutes that shows a rejection ? 

A. I have not seen any. 

Q. You said you judged that some of the records had been removed ? 

A. Yes, sir. 

Q. Why do you judge so ? 

A. Because we can't find them. 

Q. How manjT^ years, about ? 

A. Well, along towards the Revolution. 

Q. Some time subsequent to 1680, when your records commenced? 

A. Yes, sir; Book II. 

Q. Coveritig how many years? 

A. I couldn't give you the years; when I come to make searches, 
I find references that I fail to find the books; I think there are 
several books; I will tell you where they can be found, I think; I 
think in the Secretary of State's oflSce ; I think during the period of 
the Revolution, the books were carried away : they were carried 
away from fear of disloj^al parties; I think the record can be made 
complete ; possibly I may ascertain that matter, and answer more 
definitely. 

Q. After dividends of lands are declared and lands are located 
under those dividends, the party locating comes to the Board for a 
deed ? 

A. He comes to the Board with a return. 

Q. And on that return you make a deed? 

A. No; upon that return we make an entry — record the return, 
and that shows the original title. 

Q. And that is all they get? 

A. That is all they get; there is one form of deed where it has 
been placed in the hands of the President, where by special resolu- 
tion of the Board, he makes the deed ; but in the ordinary practice 
the return of the SarveyorGr-eneral forms the basis of the title. 

Q. In what cases is the President authorized by resolution to make 
deeds? 

A. Where he is made a Trustee of the Boai'd. 

Q. He is made Trustee of the Board by resolution ? 

A. By resolution. 

Q. Why do you in some cases appoint him a Trustee, and under 
that authorization require him to make the deed, and in others merely 
require the survey ? 

A. For this reason : in some cases the Board discover lands, or the 
Survej'^or-General or Deputies discover lands, and there are no rights 
of location, no parties holding rights of location for them ; and in 



35 

that case a return will be made at the rcquoHt, say of William M. 
Force, of such lands; and then the Board will either make a trust 
deed, or by resolution have a Trustee to convey; or some one who 
is willing to buy at a certain price may have it located ; but it must 
be in those cases where there are no rights of location passing 
through the regular form of wari-aiit; the Sui'veyor-Gcneral can 
give all that form to 3-ou. 

Q. If a dividend is declared to you, say as a Proprietor, and you 
locate lands and return the survey here, and it is recorded, that gives 
you the title ? 

A. Yes, sir. 

Q. But if the Deputy Surveyor or Survej'or-General surveys lands 
thai have not been located, and makes a return of them, the Surveyor- 
General makes the return for those lands ? 

A. It would come before the Board, and John Jones is authorized 
to have that land for so much. 

Q. And for that land the President makes the deed ? 

A. Yes. 

Q. Then you assume, of course, that by mere resolution of the 
Board, the President — and, if he, of course, any other one whom 
the Board might authorize — could make a title to the lands that are 
owned by the Proprietors? 

A. Yes, sir. 

Q. If the Proprietors held these lands as joint tenants, do you 
think that by mere resolution they could authorize one joint tenant 
to convey the title of them all ? 

A. Yes, sir; I think we have a legal opinion on that subject? 

Q. Whose opinion ? 

A. Cortland Parker's. 

Q. When obtained ? 

A. Several years since; it is on file now. 

Q. Supposing a person makes an apj^lication to purchase lands 
located by your Deputy Surveyors, owned by the Proprietors; can 
that sale be made by a vote of a mere majority of those present? 
What is your rule about that? 

A. The rule is that a vote of the Board will sustain the President 
in making the conveyance. 

Q. And your authority for that is an opinion from counsel? 

A. Yes, it has been the custom; and I would like these questions 
repeated to the Surveyor-General. 



36 

By Mr. Munn — 

Q. What is the tenure of office of the Surveyor-General and 
liegister ? 

A. During good behavior, or until some other is appointed or 
elected. 

Q. Do you undertake to have an annual election? 

A. Yes, sir. 

Q. Then the term of office is one year; isn't it? 

A. Yes, sir; but I think the Council, at their October meeting, 
might very easily determine that the term of an unfaithful officer 
might be shorter than that. 

Q. Are any fees charged for examining these records? 

A. Yes, sir; when the service is by the Register. 

Q. To whom do the fees go? 

A. I wish you would ask Mr. Boggs ; so far as I am concerned they 
generally go in my pocket. 

Q. That is, during your short term of office, the fees that have been 
received have been regarded as your personal perquisite ? 

A. Yes, sir. 

Q. And that, so far as you know, has been the custom of your 
office? 

A. Yes, sir. 

Q. You don't have to account for those fees to the Proprietors or 
or anybody else? 

A. I don't know what the rule may hereafter be; I had proposed 
to do so, however, myself. 

Q. Do you know what the custom has been heretofore ? 

A. That I can't answer. 

Q. You have heard of no account of fees since you have been a 
member of the Board of Proprietors? 

A. I have no recollection of it. 

Q. You think the Board of Proprietors would seriously consider 
the question of admitting a man to a seat in the Board even after he 
had acquired title to a share, and you suggested that supposed 
antagonism on his part to the general interests of the Board, would 
be an objection to giving him a seat; suppose that some member 
who had a seat should turn out to be antagonistic, as the majority 
viewed it, would they claim the right to turn him out of his seat? 

A. I think they would not; I think that the course would be quite 
different from that; and I speak of it not. strictly upon my own 
opinion, but having a question of that kind suggested in the forming 
of the rules — that for the purpose of keeping the membership of the 



37 

Board of that oluiractcr which won hi bo wholly reputable, as they 
should be; and the answer was, that whenever the time conne.s we 
can take care of it by reproof, or in any other way that might be 
best. 

Q. Then the Proprietors reserved the (question of dispoHinjL^ of 
a man who should prove obnoxious? 

A. The presumption is, if they are entitled to a seat by vote, they 
are entitled to dispossession by vote; that would be my theory of it. 

Q. You expressed the opinion that the Proprietors had a right to 
sell out completely ; that was in connection with an assumed propriety 
in the State's purchasitig ? 

A. Yes. 

Q. Do you think the Board of Proprietors would have a right to 
sell out to, for instance, a corporation organized for the pur]io»e of 
acquiring title? Suppose the Pro])rietors thought they could make 
more by selling than by holding on, do you think they have a right 
to transfer their rights to a corporation organized for the purpose of 
receiving them ? 

A. I would want a little more reflection upon the subject; my first 
impression would be they would have the right, but I am not sure; 
well, yes; 1 am rather inclined to the belief that they have their own 
property, and have a right to dispose of it. 

Q. You thought that the records should go with the tran.-fer in 
case a complete sale were made ; and if I get correctly your idea about 
it, it was that the records should go as a sort of muniment of title — 
as a kind of a historj^ to the title to the land ? 

A. It apjiears to me it would be a necessity ; how are you going to 
determine whether there is anything without the records to deter- 
mine by ? 

Q. What is the property, then ? The property is in these records, 
as you understand it, and as the Board understands it ? 

A. The property is, to my mind, at this moment, like the paper that 
I would get conveying to me, by which I would ascertain that I had 
certain rights, and I can turn at once to that to refer to where my 
boundaries and limitations were, to make me at all times safe in my 
conveyances and transactions; it occurs just at this moment to me, 
not having thought of it. 

Q. Let mo assume that nine-tenths of the land in East New 
Jerse}' have been conveyed to purchasers, and that only one-lenlh 
remains in the hands of the Proprietors; now, the jnirchasers may be 
regarded as the general public, owning ninelenths; who has the 
greater interest, in that view of the case, in these records? 



38 

A. Putting it in that case, there is nine-tenths interest against one; 
but there is no part of that nine-tenths as a body ; they are only sep- 
arate and distinct entirely, and the one-tenth would take cai*e of what 
they had, if the nine-tenths didn't take care of theirs. 

Q, And appoint an officer, who would charge fees for inspecting 
them ? 

A. Yes. 

Q. Do you know the acreage of Eastern New Jersej' ? 

A. Not without making an inquiry here. 

Q. Have you an approximate idea? 

A. No, sir; there is a gentleman present could perhaps give it to 
you, but I could not. 

Q. Do 3^ou know that as much as nine-tenths has been sold and 
disposed of? 

A. More, I think; fully as much ; that is a matter of opinion. 

Q. What percentage would you state if you were going to give an 
opinion ? 

A. I would say I didn't know anything about it. 

Q. You have already given an opinion that it is more than nine- 
tenihs, but you couldn't come any nearer than that? 

A. I would rather not say anything about it; I was merely follow- 
ing your lead ; if you had said seven-eighths, or four-sixths, I would 
answer in the same way; I can't form any direct opinion. 

Q. Please give what reference you can to that pine land distribu- 
tion ? 

A. Ask me after awhile. 

Monroe HoweU, a witness subpoenaed by order of the Committee, 
being duly sworn, testifies as follows: 

By Senator Beekman — 

Q. Will yoii give us your age, residence, and business? 

A. I am 61 years old ; I live at Parsippany, Morris count}', N. J. 

Q. And your business? 

A. My business is a merchant. 

Q. Are you a native of New Jersey? 

A. Yes, sir. 

Q. How long have you been a Proprietor? 

A. Since about the time of my majority; 1 think about in the 
neighborhood of 40 years. 

Q. Do you hold by purchase or descent? 

A. By gift from my father in the first place, and afterwards partly 
by descent, and since tliat by purchase. 



39 

Q. Do you hold u full share? 

A. Yes, sir; and a fraction over. 

Q. How much did you paj' for the share you purchased? 

A. I never purchased a whole share at a time ; some fractions. 

Q. How much did you pay for what you did purchase? 

A. Well, I don't recollect; I think the price has never varied very 
much for a number of years, from the rate of a thousand dollars a 
share ; you can't buy it for that now, I guess. 

Q. How long have you been Surveyor-General ? 

A. 1 think since 1872. 

Q. Have you been present at the various meetings, since that time, 
of the Proprietors? 

A. Pretty generally, sir. 

Q. Before that did you attend their meetings? 

A. Not regularly for some years previous. 

Q. A deed is made to you v^hen you purchase a share, from the 
person of whom you purchase to you ? 

A. Yes, sir. 

Q. And that is recorded here ? 

A. Yes, sir. 

Q. During the last three or four years there have been quite a 
number of purchases, have there not? 

A. Y'^es, sir. 

Q. For the last three years? 

A. Yes, sir; I was elected at a special meeting, December 19th, 1872. 

Q. Where is your office as Surveyor-General, where communica- 
tions are directed to you ? 

A. Parwippany ; the surveyor's office is here ; the communications 
are sent to me at my residence. 

Q. Is that by statute or by j'our own regulations? 

A. By my own regulations. 

Q. There are no statute laws on the subject — no rule regulating it? 

A. No, sir; I believe not. 

Q. Does the Board of Proprietors exercise any corporate powers 
that you know of ? 

A. I don't know that they do, sir, except that they call themselves 
a close corporation. 

Q. Do you know of any statute law conferring any corporate pow- 
ers on them? 

A. No, sir. 

Q. From whence do you derive your authority to sue and be sued 
as a Board ? 



40 

A. We ante-date the State; we couldn't very well be incorporated 
by the State before the State was organized. 

Q. You hold a common seal furnished and paid for by the State, do 
you not ? 

A. Well, yes. 

Q. The State paid for that seal and furnished it? 

A. I believe we have a seal. 

Q. The State also paid for these grounds, and holds the deed for it? 

A. Yes, sir; I have always understood that the State provided the 
grounds and the Proprietors put up the building. 

Q. At their own expense ? 

A. Yes, sir; it has all been done in my recollection. 

Senator Vail — 

I will state to you that there is a law authorizing an appropriation, 
which appears on the statute book, for the building. 

Witness — 

That is for the building of this front; that is a later building. 

Senator Vail — 

I call your attention to that so you won't make any eri'or. 

Witness — 

Yes, sir, I recognize that fact. 

Q. In your recollection, did the Board of Proprietors ever elect a 
certain number to act as a council or managing committee? 

A. ISTo, sir. 

Q. You don't know of any such thing being done? 

A. No, sir; nothing beyond a committee. 

Q. A permanent committee — a standing committee ? 

A. No; not a standing committee. 

Q, Just a special committee? 

A. Yes, sir. 

Q. The selection of officers is by a majority vote of those present 
or a majority of all the Proprietors represented by proxies? 

A. Vote by stock. 

Q. A majority of the stock? 

A. Yes, sir. 

Q. That is, to elect a Register or Surveyor-General would require 
persons representing 13 full shares? 

A. That might depend upon how many were present at the time; 
the majority of the stock represented at that meeting at which the 
election was held. 



41 

Q. Whether the meeting represented a majorit}' of the stock or 
not? 

A. The majority of the stock owned by those present. 

Q. It wouldn't make any difference whether they owned a majority 
of the Proprietors' stock? 

A. No, sir. 

Q. How do they vote ; you cast one vote for each quarter share 
held; is that the idea? 

A. Yes, sir, 

Q. Then it is the shares that elect, not the persons? 

A. Yes, sir; they vote according to the amount of stock held by 
the person voting. 

Q. You, holding a full share, would vote four times? 

A. Yes, sir, 

Q. How is it if there is not enough present to represent the majority 
of the whole stock? 

A. The rules prescribe what constitutes a quorum, both as to the 
number of persons necessarj^ to form that quorum, and of the number 
of propriety shares that are to be represented ; there must be so 
many shares of propriety, and so many persons to form a legal 
quorum, 

Q. Do your minutes show at each election the number of persons 
present and the number of shares they voted ? 

A. It shows the number of persons present, and the books show 
what the amount of propriety is that is held by those persons; it is 
not set forth at every meeting. 

Q. Do you know when the officers of Register and Surveyor- 
General were established ? 

A. Tiie office of Surveyor-Creneral was established, I believe, at the 
first commencement of the manner of distributing the Proprietors' 
lands, 

Q. Before the surrender of the British Crowm? 

A. I think so. 

Q, When was the office of Register established ? 

A. I am not able to say just at what time ; they were not so formal 
in those days. 

Q. Do you think that was established before the surrender in 1702, 
or after? 

A, 1 think it was after that. 

Q. By authority ot any statute law? 

A. I think the matter was considered formerly as the Surveyor's 
business. 



42 

Q. Do you know of any statute law authorizing it? 

A. No, sir; there was an act of the Legislature that Mr. Boggs 
had passed to legalize his copies in the courts, because, as I understand, 
the statute required the Surveyor-General to make certified copies, 
and the question arose as to their being good as evidence, unless the 
•State in some way recognized the authority from which they came. 

Q. You know of no other statute on the subject, except that? 

A. No, sir. 

Q. What are your duties as Surveyor-General. 

A. The duties are the business of supervising all the lands that are 
located, appropriated from the common stock ; the signature and 
suporvision of the Surveyor General is necessary to all papers before 
going upon the record, to make title; the Surveyor-General has charge 
of the whole of the surveying business, of the deputies, and all the 
deputies' work has to be examined and approved by the Surveyor- 
General. 

Q. Does that include all your duties? — have you stated all your 
duties? 

A. Yes, I think so; I believe that is about the amount — all that I 
think of 

Q. Do you select and appoint your deputies? 

A. Yes, sir. 

Q. Do you give them any commission or authority? 

A. No, sir. 

Q. Are there any rules that govern them in the discharge of their 
duties? 

A. They are sworn to obey all the rules given to them from time to 
time, as the Surveyor-General may direct. 

Q. Have you any rules governing them in their action ? 

A. I have none. 

Q. Has the Board any ? 

A. I think some of the old minutes do mention certain rules that 
were in vogue in those days, that may not be considered necessary at 
the present time. 

Q. Are there any rules of the Board regulating your duties and 
powers as Surveyor-General? 

A. Not that I know of 

Q. During your connection with the Board have the Proprietors 
paid any taxes to the municipality here, or to county, township or 
State, so far as you know ? 

A. I think not. 

Q. Are there any regulations requiring the Deputy Surveyors to 



43 

select chain b<.'arer8 when they make their Burveys of unlocated 
lands? 

A. Yes, sir ; all that matter is left with tlie Surveyor-General for 
his instruction. 

Q. What have been your instructions to the Deput}^ Surve^^ors? 

A. They are sworn officers, and they have used in a j^reat measure 
their own discretion ; we have been obliged to do the best we could 
with their reports — taking it for granted that if there was any fraud, 
anything wrong in their reports, we would have them rejected. 

Q. Do you have any distinct recollection of any surveys of unlocated 
lands of what is known as the Spring Lake Improvement Company, 
township of Wall, county of Monmouth? 

A. I know there was a return made. 

Q. Were there any chain bearers in that survey? 

A. I don't know. 

Q. Was there any witnesses' name upon it? 

A. 1 am sure I don't know. 

Q. Was your attention called particularly to it, to see whether it 
was correct and in accordance with j'our rules? 

A. I don't know but 1 might have heard something about it. 

Q. When the paper came to you did you examine it particularly, to 
see whether it conformed to your rules and regulations? 

A. Yes, sir; I think I recollect that there was no chain bearers 
named to it. 

Q. That was not in accordance with your regulations, was it? 

A. Well, tliere has been no fi.Ked rule about it; the larger propor- 
tion of the survej^s are made in the house, on paper, and the names of 
the chain bearers and persons present was omitted ; it all rests with 
the officer at last to get at, the best he can, the correctness about this 
point. 

Q. Do you remember receiving a survey from William Segoine, of 
unlocated lands at Spring Tjake? 

A. Yes, sir. 

Q. Of bow many distinct tracts did he send you the surveys — 
more than one or two? 

A. I don't recollect the particulars about it now; I know he sent 
me a survey. 

Q. Did. you file it immedintely? 

A. I received it and acknowledged the receipt of it at the time it 
came to my hands. 

Q. Where did it come into your hands? 

A. At my residence. 



44 

Q. Where was it directed to? 

A. I don't recollect; it may have been sent to the oflSce and for- 
warded to me. 

Q. Do you know the difference between the date of your letter 
and the date of Segolne's letter; how long it was before you mailed 
the letter in return acknowledging the receipt? 

A. I don't recollect anything about it now. 

Q. Did }^ou file that survey in the office? 

A. Yes, sir. 

Q. How long did you retain it in your hands? 

A. I don't remember; I remember I notified him that another sur- 
vey had come into my hands. 

Q. How long did you retain it in your hands? 

A. I don't remember. 

Q. Did the two surveys conform as to the description and 
boundaries? 

A. No, sir; they were including strips of land; it was impossible 
for me to tell to what intent, but I notified Segoine that I thought a 
survey was in my hands, that covered a part of that ground, and the 
matter was referred to the Board, and the proceedings are all of 
record, everything about it; Mr. Segoine made some very disrespect- 
ful charges, and very wicked, false charges, against me, and of the 
foulest kind ; and I couldn't, out of self respect, do anything else than 
repudiate him and every thing connected with him. 

Q. He is a Deputy Surveyor, is he not ? 

A. No, sir. 

Q. Is he a Proprietor? 

A. I believe he is. 

Q. Has the public been denied access to the records during the 
last four, five or six years ? 

A. Not that I know of. 

Q. You don't know of any such case? 

A. There was a resolution passed that no one but Proprietors 
should have access to the records; but copies could be got through 
the Register. 

Q. Have you denied any of the Proprietors access to the records? 

A. I have not. 

Q. Do you know of the Board's doing it? 

A. I know nothing of the kind; I am here very little myself; I 
can't say what goes on when I am not here. 

Q. Do you know whether the Proprietors — has the Surveyor- 
General any knowledge of any patent granted by the Proprietors for 



45 

the lands under tide water on the Jersey City front or the Hudson 
county front ? 

A. No, sir. 

Q. The Proprietors have never surveyed the lands at Communipaw 
and the lands along there? 

A. Not to my knowlege; there may be, but I am not familiar with 
it. 

Q. Do you know whether there has been a survey of what is known 
as Robbins' Reef? 

A. There has been a return made of it to Professor Cook. 

Q. Is that under tide water? 

A. Not at all times; I believe at high tide it is party under water? 

Q. That is off the Jersey City shore, isn't it? 

A. Yes, sir. 

Q. How far is it from the shore? 

A. I am not able to answer; it is on the Jersey side of the line, I 
believe. 

Q. It is between Staten Island and the Hudson county shore, isn't 
it? 

A. Yes, sir. ' 

Q. Do you know how many acres there are in it? 

A. Yes, sir; it is in the record. 

Q. Will you look at that and give it to us before we adjourn ? 

A. Ye», sir. 

Q. Any other? 

A. Oyster Island was also returned. 

Q. To whom ? 

A. I think to Professor Cook. 

Q. And what other islands? 

A. Sandy Hook. 

Q. The whole of it? 

A. Yes, sir; subject to the deductions claimed by the government; 
that was returned to John W. Russell. 

Q. Do you know of any other lands under tide waters, or in the 
New York or Raritan bays, which have been returned lately to any 
one? 

A. There has been a survey made to Robert Rutherford, of Island 
Beach, I think; I don't know definitely about it; it was land on the 
shore. 

Q. Do you know of any other besides that? 

A. i don't think of any at present. 

Q. Have you ever had any consultation with the Riparian Com- 



46 

missioners about the claim of the State to the land between high and 
low water mark ? 

A. No, sir. 

Q. Was there a separate claim to Island Beach ? 

A. Yes, sir; that was to Eobert Rutherford. 

Q. Who holds the title now? 

A. I don't know. 

Q. As Surveyor-General, before these returns for the different lands 
under tide-water, have you examined your records to see whether the 
Proprietors had ever conveyed away those lands? 

A. No, sir; if I knew they had, I wouldn't convey them. 

Q. Did you consult the records to see ? 

A. Well, our records won't answer those questions ; if a party sends 
me a survej', the presumption is, he takes the risk of the land being- 
vacant, and he is willing to put his rights upon it, and I give him a 
title; if it proves a mislocation, I can't foresee that; as far as the 
Riparian Commissioners ai'e concerned, I never regarded them as 
having any title. 

Q. You know as a fact that the Riparian Commission have deeded 
away lands between high and low water mark, and received millions 
of dollars for them ? 

A. Yes, sir; we claim it all. 

Q. Have you a legal opinion upon that? 

A. No, sir; I suppose not ; I can get one, I suppose, in New Jersey. 

Q. I understand you, as Surveyor-Genei'al, after receiving a survey 
from a deputy, make no examination to see whether there was a prior 
title from the Proprietors? 

A. That is the custom; the party taking up the land is the party 
to do that. 

Q. You approve of that return before it is recorded? 

A. The accuracy of the work — the correctness of it; it is a harm- 
less matter for a man to make a location on top of somebody else's 
land ; it doesn't do anybody else's land any harm, except the expense 
of the 8urve3\ 

Q. Doesn't it put a cloud on the other person's land ? 

A. I don't know that it does; it depends upon how well they are 
posted as to the question of title ; if a man would come and put a 
survey on my farm it wouldn't disturb me much. 

Q. Wouldn't it throw a cloud on titles, and hasn't it done so in 
reference to your survey at Shark river? 

A. I don't know that it does ; I don't feel that there has been any 
locations made there except what the Propi'ietors are entitled to. 



47 

Q. Do you know of any adjacent land owners who have compro- 
mieed with the Proprietors, or their grantees, for the lands granted 
at Shark river? 

A. No, sir. 

Q. You don't know of anybody's paying any money ? 

A. No, sir. 

Q. Has there been any talk among the Proprietors about what you 
would charge the adjacent land owners on the Monmouth shore, in 
settlement of your claims to those tide- waters? 

A. We are ready at all times to locate such claims; and we sell 
the Proprietors' interest ; it is for the buyer to look up what that is. 

Q. Are you interested in any of those purchases made of those 
lands at tide-water, or by the lakes of Eastern New Jersey ? 

A. No, sir. 

Q. Who negotiated with Mr. Eussell the bargain that Mr. Force 
has referred to ? 

A. The Board ; and Mr. Force read to you the names of the parties 
present at the meetings. 

Q. Do you claim that the Board are the owners of the records in 
this office ? 

A. Well, I suppose we do, of course. 

Q. Do you claim the right to sell them to any purchaser with 
whom 3'OH may agree ? 

A. Yes ; I don't know but what we might have the right to sell 
them ; but that is something we never would do as long as we 
retained the interest in the soil ; it would be absurd. 

Q. If )-ou could get your price for the records, it would be all you 
would ask, wouldn't it? 

A. In all the early part of those transactions, between the State 
and the Board of Proprietors, there was the utmost union and sym- 
pathy and assistance to each other in every way — never any dispute 
between the Slate and the Board, according to my understanding, up 
to the time about that they began to rob us — at the time of the insti- 
tution of the Hiparian acts. 

Q. At the time they began to rout you ? 

A. Yes, sir; George T. Cobb told Judge Lathrop then and there, 
" You know that land belongs to the Proprietors." 

Q. Have you taken any steps to recover those lands which the 
Riparian Commissioners have sold ? 

A. We have made this bargain with Russell. 

Q. You, as a corporation, have a right to sue and recover your 
rights and claims through the courts ? 



48 

A. Yes, sir ; I think so. 

Q. Do you receive any compensation as Surveyor-G-eneral ? 

A. Yes, sir; I charge lees for making out papers. 

Q. Who pays those fees, the persons to whom the papers go? 

A. Yes, sir. 

Q. Is there any law regulating your fees? 

A. I think not; 1 don't know of any law. 

Q. Are there any rules of the Board regulating your fees? 

A. I don't think there are. 

Q. Then you can fix your own price? 

A. Yes, sir. 

Q. How do you charge, by the folio ? 

A. I charge by the amount of trouble, the amount of writing and 
the amount of time it takes. 

Q. Whatever you think is right and proper in your judgment ? 

A. Yes, sir. 

Q. And the party you deliver the paper to, pays you ? 

A. Yes, sir. 

Q. And that is the compensation for your services? 

A. Yes, sir; that is all the compensation I get. 

Q. Do you know the number of acres in East New Jersey ? 

A. No, sir; I do not. , 

Q. Have you ever searched the records to see whether the Pro- 
prietors, prior to the devolution, ever deeded away any lands under 
tide waters? 

A. Not to my knowledge; I am told there are such. 

Q. Do you know whether the Proprietors before the surrender to 
Queen Anne ever deeded away any lands under tide water? 

A. I do not. 

Q. Do you know anything about the patent of Aaron Sourmans in 
Ocean county? 

A. No, sir. 

Q. Do you know anything of William Dockwra's title in Somerset 
county ? 

A. No, sir. 

Q. You recognize those names as names of original Proprietors — 
William Doekwra and Aaron Sourmans. 

Q. In this return of Sandy Hook, did you examine Daniel Harts- 
horne's patent from the Proprietors? 

A. I know of it ; yes, sir. 

Q. Did you examine it to see whether any of the land included in 
that survey was included in the Hartshorne patent ? 



49 

A. The patent was excluded from the return ? 

Q. Did 3"ou ascertain what part of Sandy Hook was outside of the 
Hartshorne patent? 

A. I did not personally except as reported to me by the surveyor, 

Q. Who was that surveyor? 

A. Francis Corlies ; the Hartshorne patent was laid down on the 
map. 

Q. Did you compare Hartshorne's deed to the United States 
Government with the survey ? 

A. No, sir. 

Q. Do you know as a fact that the United States Government have 
since driven off the person to whom j'ou granted Island Beach? 

A. T have heard so. 

Q. For whom did Francis Corlies make that survey? 

A. John W. llussell. 

Q. In case one of the original Proprietors located his first dividend 
of 10,000 acres in one tract; the Proprietors gave him a patent for 
it, and he divided it up among several hundred purchasers, and there 
were little gores between those different purchasers, would you claim 
those now ? 

A. Yes, sir; we claim everything except what is covered by strict 
measure of survey and record upon our books. 

Q. When that original Proprietor took a patent for that 10,000 
acres, wasfc't that severed from the original propriety? 

A. Yes, sir. 

Q. How would you, tlien, afterwards take up gores when the sur- 
veys didn't meet ? 

A. If 'Viis surveys covered it, we wouldn't. 

Q. Suppose he deeded it away in half a dozen tracts, and the 
surveys didn't meet, would you claim that land? 

A. Certainly. 

Q. Suppose the original dividend was 10,000 acres ; some of the Pro- 
prietors would locate 5,000 or 10,000 acres in one tract, and they got 
a patent from the Proprietors; that became their property, didn't it? 

A. Yes, sir. 

Q. And they would sell 500 or 1,000 acres, dividing it up? 

A. Yes, sir. 

Q. Suppose some of those surveys from him didn't come together, 
leaving little gores? 

Witness — 

Q. You mean, suppose he didn't sell the 10,000 acres? 

4 



50 

Mr. Beekman — 
A. Yes, sir. 

A. If the patent is good in the first place, any subsequent trans- 
action wouldn't affect the title ; I shouldn't think the Proprietors 
would have anything to do with it, then. 

Q. Those little gores, etc. ? 

A. Certainly. 

Q. Do you know as a fact that the coast along the Monmouth shore 
has become very valuable, in the last few years, on account of seaside 
resorts ? 

A. Yes, sir. 

Q. In late years there has been a good many surveys filed along 
the shore ? 

A. Not so very many. 

Q. Have there been any surveys filed here except for lands under 
tide waters or lands adjoining our coast, for the last few years ? 

A. Oh, yes; we are making some locations every few days. 

Q. Whereabouts? 

A. Different places throughout the State; the Proprietors owned 
a great deal of land that didn't adjoin the seashore. 

Q. Have you ever made a calculation of the number of acres the 
Proprietors have deeded away ? 

A. No, sir. ^ 

Q. You don't know how much land they have left? 

A. No, sir; it never can be known until there is a perfect map 
made of the land these books represent; there is constantly cases 
of lands discovered that is not on record. 

Q. How do you determine that there is a lapse between two surveys 
made by the patentee of a large patent, or lands which were never 
surveyed or located by the Proprietors; how do you distinguish 
between them ? 

A. Most of those patents were granted very early, and they were 
granted to parties, in some cases, who never accepted or took charge 
of them ; locations have been made in them without any reference to 
the patent, and it is the presumption that the parties to whom they 
were granted never followed them up, nor their heirs or executors, 
and they still remained in the Board : there was other patents 
granted on which there was quit-rents paid ; those were all forfeited ; 
there was a patent granted in this town for the privilege of building 
a church and burying ground, and one hundred years afterward they 
went to the Legislature and asked authority to sell it for the benefit 
of the town and church ; we learned of it and told them that land 



51 

belonged to us, and they were glad to come to us and take our deed 
from us ; in those early days they were glad to get rid of them at any 
price, to encourage settlement. 

Q. If they fail to take it up do you claim that it escheats to the 
Board of Proprietors ? 

A. Yes, sir; that is my individual view of the matter. 

By Senator Vail — 

Q. When the dividend of land was declared to the Proprietors each 
individual Proprietor had to hunt up the land to make up the amount 
of his dividend ? 

A. Yes ; or he might sell it. 

Q. If he wants to locate land to cover the amount of his dividend 
he goes anywhere in East Jersey to find lands that he believes to be 
unlocated, and survej's it; who makes the survey? 

A. He makes the survey himself; more recently they are made by 
the deputies ; the Proprietor hires a deputy to make a survey, and it 
is put in the Surveyor-General's oflSce, and he makes a title for it. 

Q. He can make a survey of any land that he believes to be 
unlocated ? 

A. Certainly. 

Q. Do the surveys recorded in this office cover all the lands that 
have been located in East Jersey? 

A. That is a question very difficult for me to answer; it couldn't bo 
located without examining them. 

Q. Then your answer would be that the surveys do cover all the 
lands? 

A. Certainly ; the land is unappropriated before the survey is 
executed ; and afterwards it is appropriated to the person to whom it 
is granted ? 

Q. Any lands in P]ast New Jersey that are not located by sur- 
veys, that are not located here, in your opinion, still belong to the 
Proprietors ? 

A. Yes, sir. 

Q. Suppose you found that no recorded survey covered the city of 
Amboy, would you say it belonged to the Proprietors? 

A. Yes, sir; the courts might say we ought to have found it out 
before. 

(^. Any land in East New Jersey not covered by recorded surveys 
still belongs, in your opinion, to the Proprietors? 

A. I think so ; yes, sir. 

Q. This contract that the Board made with Russell, you think 
would enable him to attack the riparian titles along the Hudson 
county front? 



52 

A. Yee, sir. 

Q. I see that the resolution covers the territory from the New 
York line to the mouth of the Kills; what is the mouth of the Kills? 
A. As I understand it, it is Bergen Point. 
Q. From Bergen Point up? 
A. I understand so. 

By Mr. Munn — 

Q. What is the meaning of the words " Proprietary rights"? 

A. It is an ownership under a title — an undivided right, as I under- 
stand it. 

Q. When an allotment and apportionment of rights is made or 
what ever you call it ? 

A. A dividend of rights. 

Q. What do you mean by 2,000 rights? 

A. 2,000 acres of rights. 

Q. Is that what you mean ? 

A. We mean so, when we say so. 

Q. I heard something said about so many rights? 

A. People get confused ; rights of property refer to the ownership 
of the soil, generally. 

Q. What do you mean by a right of location ? 

A. The right to locate. 

Q. How is that acquired ? 

A. By resolution of the Board. 

Q. By whom only can it be acquired ? 

A. By the vote of the owners of the Propriety. 

Q. It can only be acquired by a Proprietor? 

A. Acquired by the vote and resolution of the Board, who own 
this thing. 

Q. Suppose that the Board assign to each a share to make a divi- 
dend of 2,000 unlocated acres to each, if they are unlocated when 
they are voted ? 

A. Yes, sir. 

Q. Can one of the Proprietors sell one of those unlocated acres 
before they are located ? 

A. Certainly he can. 

Q. To anybody ? 

A. To anybody. 

Q. How can he pass the title to unlocated acres ? 

A. By deed. 

Q. And where will that deed be recorded, if anywhere? 

A. Here. 



53 

Q. Are there nuch deeds recorded here? 

A. Ye8, sir; hundreds of them. 

Q. So that one of the Proprietors, as soon us ji dividend is made, 
may sell that unlocated acreage under that dividend ? 

A. Or any part of it. 

Q. To one or more persons ? 

A. Yes, sir; from time to time, as he sees tit. 

Q. Then anj' person who acquires those rights to locate may seek 
out land, have a survey may by one of your authorized deputies, and 
produce the survey here for record ? 

A. Yes, sir. 

Q. And upon 3'our acceptance of the record of that survey his 
ownership becomes ascertained and settled u|)on the lands so sur- 
ve3-ed and located ? 

A. Yes, sir; any outsider, no matter whether ho is a Proprietor or 
not. 

Q. He makes application to your surveyor, goes to a man who 
owns the right of location, and buys the right, and has that returned 
here as the basis of his survey ; a man may find unlocated lands and 
buy rights enough to cover it, or buy rights and go and hunt for 
land ? 

A. Yes, sir; only if he begins at the wrong end, he may be too 
late ; somebody may be ahead of him ; there is always strife in regard 
to getting these valuable pieces of land, 

Q. Do you understand that these rights, whether located or not, 
the shares and rights of Propriety as well, can be sold by the sheriff? 
Are they subject to seizure or execution and sale? 

A. I think so. 

Q. Do you understand that the interest of one of the Proprietors 
(the proprietary share) can be seized and sold in execution by the 
sheriff? 

A. I never heard of a case of it, but I don't know why it shouldn't. 

Q. Do you know of any statute regulating that? 

A. I don't know that I do, sir. 

Q. Did you ever see the instrument dated in 1634, establishing the 
Council of Proprietors ? 

A. No ; I guess not. 

Q. Did you ever see the modification of it, adopted in 1725 ? 

A. 1 don't think I have, sir; there is a great many thin^,'s in these 
old books that 1 have never seen. 

Q. Have you any idea of the acreage of the Eastern Division ? 

A. No, sir. 



54 

Q. No approximate notion of it ? 

A. No more than the square miles it is reported to contain, and 
that I haven't at my tongue's end now. 

Q. Has that ever been of any interest to you as a member of the 
Board, or as Surveyor-General? 

A. No, sir ; not at all. 

Q. Have you any idea of the amount of land taken under patents, 
or the amount of land covered by issued patents? 

A. No, sir. 

Q. Can you tell whether more land was covered by the patents 
than has since been covered by location ? 

A. I could not, but I should judge not. 

Q. Which would you think covered the greater amount of land, 
the surveys under the proprietary rights, or the patents? 

A. I should think the surveys. 

Q. Do you know of any one who has information on that subject? 

A. No, sir ; I don't know of any one that has has ever taken the 
trouble sufficiently to make out such a statement. 

Q. It has never been a matter of interest to you to know whether 
the total of patents in this office is in excess of the whole acreage of 
the Eastern Division or not? 

A. No, sir; I don't know whether there has ever been a survey 
made of the Eastern Division, of sufficient accuracy to complete it. 

Q. Do you know whether the United States Coast Survey, and the 
surveys made under the State Geological Survey, have ascertained it 
with accuracy ? 

A. I presume they have, perhaps approximately to certain portions; 
I don't know as they have as a whole. 

Q. You have never interested yourself to find that out? 

A. No, sir; it would be a difficult question to answer, and require a 
great deal of time and expense. 

Q. Have you ever computed the amount of acreage under these 
fourteen dividends? 

A. Mr. Force has recently shown me a list of the quantities. 

Q. But you never interested yourself in looking that up? 

A. No, sir. 

Q. Then, if I understand it, the method is a kind of desultory, hap- 
hazard way of getting at it ? 

A. Well, if you realize the plan that they commenced upon, and the 
times, and all that sort of thing, it is not to be wondered at that 
they made no worse work than they did. 

Q. When a man finds some land that he fancies may not have been 



55 

covered by a survey now, how does be go to work to find out whetber 
it is or not ? 

A. He has got to do it by searching the records. 

Q. But I understand the records are not complete ; the books are 
not all here ? 

A. Well, the chief of them are; there are a number of acres in 
East Jersey that have been located in West Jersey, and it is recorded 
outside of this division ; but they are all susceptible of being followed 
up ; and a partj' who will search may satisfy himself by getting the 
boundaries of all that appears to be uncovered — to put a survey on it. 

Q. Will you say that you and the Register, together, all the force 
and skill that this establishment contains, can determine with* any 
certainty, in any given case, whether land is or is not covered by 
previous patent or survey ? 

A. Well, that would be a very hard matter to answer, positively; 
if these books and records were thoroughl}' examined, knowing that 
the only source of title is here, I know of no reason why a man can't 
answer that question to a certainty. 

Q. If that question can be answered with certainty as to any par- 
ticular place, the question can be answered with certainty as to 
whether all the land has been taken up or not? 

A. I should suppose so, of course, 

Q. Well, there isn't any essential difficulty in reaching that conclu- 
sion, and reaching what amount of land has not been taken up? 

A, Tbe essential difficulty would be in the cost of the work; it 
might cost more than it would come to. 

Q. If we wanted, as a business enterprise, to find out how much 
unlocated lands remained in New Jersey, there is a systematic and 
business-like way of going at it, isn't there? 

A, Yes, sir. 

Q. That isn't the method that you pursue at all, as I understand, 
is it? 

A. No, sir; it has never been our business to ascertain how much 
land we have. 

Q. What was your business? 

A. Our business was to give each the title that the}' were entitled 
to upon their own representation; it was their business seeking this 
land, not the business of this Board to tell them whether it was cor- 
rect or not; if they acquired rights of location they could come here 
and get a title for it, 

Q. You think, do you, that the Board proceeds upon the theory 
that it is somehow better for them ; it is for their interests to allow 
this thing to run along as it has been running for a number of years, 



56 

rather than seek to ascertain the real extent of their rights; do you 
think so ? 

A. That is the natural inference from the method in which we have 
worked ; we have alwaj^s been of opinion that this State ought to buy us 
out; but they have always hooted at anything of the kind ; we have 
made efforts, repeatedly, to get the Legislature of the State of New Jer- 
sey to buy us out; they have never been willing to treat with us any 
way at all ; and now I would like to know what we would do ; we don't 
propose to give the thing up; the State won't buy us, and we don't 
propose to go into this attempt to find out every foot of land we have 
got; in many cases the land is worth a dollar an acre; in other cases, 
$500*; there are many things that make it very difficult ; previous to 
the time of the advance of land along shore, I have seen the time I 
could have taken every foot of beach from Long Branch down for 25 
cents an acre; why did I want it? as soon as it was taken up it was 
taxed ; now the Eiparian Commission says, " You have no business 
here;" we can't go down on one of those flats and build a house, 
because there is water on it. 

Q. What kind of efforts have been made to have the State of New 
Jersey buy these rights? 

A. Our minutes will show there have been, frequently, committee? 
appointed to confer with the State. 

Q. Give us a reference to that? 

A. Mr. Force is familiar with our minutes, and has abstracts from 
it; he can do that better than I could. 

Q. You understand that the general purpose of the Proprietors, for 
a number of years, has been to sell to the State; their conviction has 
been that it would be better to sell to the State ? 

A. Undoubtedly; as residents of the State we think that it would 
be the most wise and sensible thing for the State to buy this thing up. 

Q. Have the Proprietors ever fixed a price ? 

A. No, sir; they never asked a price; we never could get any inti- 
mation from the State that they would entertain the idea. 

Q. Did you ever, among yourselves, fix upon any amount? 

A. I don't know that there ever was an amount mentioned ; I 
don't know but that the time has gone by when the State could have 
made its best* bargain ; we regard the thing of more value now than 
we did 20 years ago. 

By Senator Vail — 

Q. How would it be possible for you to fix a price upon your prop- 
erty unless you know what you have got to sell ? 

A. That would be a mere matter of opinion and estimation. 



57 

By Senator Beekman — 

Q. Do you know whether instructions have been issued to Deputy 
Surveyors in Monmouth county to locate lands on tide water? 

A. There never was any instructions to the contrary. 

Q. Did you issue instructions to them to do that? 

A. There has been nothing new of that kind. 

Q. It has been always understood that they should do that ? 

A. It has always been understood that they should make a survey 
■of any unlocated lands. 

Q. There has been no particular effort, during the last year, of that 
kind? 

A. As to the case of Shark river, there has never been a survey 
made of as large a body of property as that, so near the ocean — par- 
ticularly where it was claimed that the tide ebbed and flowed. 

Q. Did you have any conversation with any Deputy Surveyors 
before it was done ? 

A. No, sir. 

Q. The survey was made without your knowledge? 

A. The surve}' of Shark river has not been made yet. 

Q. Was the sale of that land understood between you and others 
before it was done ? 

A. It was understood that the buyer should take a survey of it 
and bring it to this office. 

Q. Had you any conversation with any one, prior to that time, 
about taking up Shark river? 

A. No, sir; not as I recollect of. 

Q. Did any letters pass between you and the deputies about it 
before the sale? 

A. Not as I am aware of. 

Q. Was there any precedent for selling lands that way, on your 
books, at public auction to the highest bidder? — has that ever been 
done before ? 

A. 1 don't think so, except it is very far back ; they used to divide 
lands into allotments, years ago; no, I don't know that 1 ever hoard 
of the Proprietors making a forced sale. 

By Mr. Munn — 

Q. How does it come that the Proprietors have for .'*ule such a 
piece of land as Culver's pond, for instance? 

A. It seems so plain to me, it seems almost wonderful that a man 
would ask the question ; if there had been 500 or 600 acres of good 
woodland lying on the bank of Culver's pond, it wouldn't have laid 



58 

there long before it was taken up ; but Culver's pond lays there — a 
pond of water ; the man would say, " What use is that tO me? I don't 
want it ; I can go there and fish and cut ice when I want it ;" how 
can one conceive any difference between the ownership of that soil 
where the water is, and the land if there was no water there ? there 
is no distinction — no difference ; a few years ago the Green poud 
came into the courts on the ground that the Proprietor had no busi- 
ness to take it up — that everybody had a right to come there and 
fish, and all sorts of excuses why that shouldn't be taken away from 
the public; the case was just as clear as noonday; it was carried to 
the Supreme Court by Mr. Cobb, to have that question settled ; there 
is no difference whether the land is covered with water or whether it 
is not, and the only reason why they have been left was, because they 
didn't choose to take them up, because there was no particular value 
in them ; now they are worth more, in most cases, than the land sur- 
rounding them. 

Q. Who discovered that Culver's pond had not been taken up ? 

A. It had been known for. years; I had an application for it ten 
years ago ; a man wanted to lease it and to build a house there. 

Q. Was any survey made as much as ten years ago ? 

A. The survey has not been made yet. 

Q. What did you sell of it the other day? 

A. The Proprietors' right to Culver's pond — the land 100 yards 
about it, provided it wasn't already located ; the Proprietors' right to 
the pond and the shore of the pond ; also, Lake Hopatcong. 

Q. The purchaser only finds out precisely how much he has got 
when he has a survey made ? 

A. Yes, sir; in order to put it in proper shape on our books, he 
bought it in a lump, and bought it for a song ; he has a year to make 
out his survey ; that is the terms of the sale. 

Q. Suppose, in the meantime, it was called to your attention that 
there was a patent covering that water, would you still make your 
quit-claim deed to it ? 

A. Yes, sir ; we sold the Proprietors' right only. 

Q. Suppose it should be brought to your attention that there is a 
patent on record heretofore granted to some one, would you go on 
and give a quit-claim deed to him ? 

A. No, if it could be shown that the party to whom it was patented 
had any proper claim to it. 

Q. Without reference to anybody's following it up, even though 
nobody claimed it, would you still go on and make a deed to this 
man ? 



59 

A. We have never been accused of doing wrong to any one ; this 
Board has been sitting here to give away what it had ; now wo have 
been accused of doing something else; I can say that we wouldn't 
be a party to anything that was dishonorable. 

Q. What I want to know is this: you say it has been known for 
ten years that Culver's pond was not located ; you must know some- 
thing about that; you must know about how much land there is 
there; j'ou wouldn't go into the market to sell it unless you had, as 
a Board, some pretty well defined information about it, would you? 

A. 1 don't know; in general terms the supposition is that the land 
about the pond is located — although some of it is in its natural state; 
but the most of is pretty well cultivated ; it is in a country where 
the price of farming land is not very high ; it would be expensive to 
survey large tracts of the boundaries of the locations running down 
to the pond. 

Q. Excuse mo for suggesting that when we hear the Surveyor- 
General use such an expression as that the general supposition is 
that most of these lands have been located, we feel a little suspicion. 

A. You must divest yourself of the idea that the Surveyor-General, 
because he is Survej'or-General, knows all about the lands and where 
they were located, surrounding Culver's pond, in Sussex county. 

Q. When this office puts up a piece of land for sale at public 
auction, and the only thing they can get at is, that the general suppo- 
sition is that the land is not located, it seems a little strange? 

A. Yes; it is the general impression among business men and sur- 
veyors generally, and other owners of land in that vicinity ; and 
there is knowledge enough of the land to know that the pond has not 
been covered by the survey; we sold that pond for a song, and the 
buyer took the risk ; and he is to make the survey at his risk, and 
send it to me; and he has what there is left of it; we make no guar- 
antees about it. 

Q. You say you sold it for a song; did you expect to sell it for a 
song when you advertised it? 

A. We didn't know; we have got this property on our hands, and 
we decided to sell it; I suppose you couldn't buy Mr. Niles out now 
for a big pile of money. 

Q. Y'ou said that in some part of the border of Culver's pond the 
land was cultivated down to the edge of the water? 

A. I'reily nearly so. 

(^. Tlien it is some of that cultivated land that you have sold to 
Mr. Niles, the purchaser? 

A. Well, not much ; perhaps 300 feet of it. 



60 

Q. Well, he may possibly have got some of that cultivated land 
under this sale ? 

A. Possibly. 

Q. What was there to prevent any of the Proprietors from locating 
this land under one of his dividends? 

A. None, whatever. 

Q. Even after advertisements — after you had advertised the sale ? 

A. It wouldn't be probable, no; it wouldn't be done; I wouldn't 
make a return. 

Q. What right would you have to refuse it ? 

A. By calling the matter up before the Board, and I would take the 
responsibility ; the Board had virtually made a contract to sell ; the 
executive committee had resolved to sell it at auction ; do you sup- 
pose, after that had been done, some shyster wanted to take up the 
pond, I would go on and make a return of it — if it was a land shark? 
it wouldn't be business-like ; it wouldn't be gentlemanly, or honorable, 
or anything of the kind. 

Q. Still, it might be legal, nevertheless ; suppose after you had 
made this advertisement to sell Culver's pond — you say that some 
parts of the shore have been cultivated down to the water's edge? 

A. Yes; I judge so. 

Q. I ask you again what there was to prevent any one of the Pro- 
prietors from locating, under a dividend which may have been made 
to him before that time, the Proprietors' rights in it? 

A. Well, now, this Board has always claimed to sit here as a sort of 
judicial body, with reference to who should have the lands; if there 
was a dispute between two land-holders, with regard to a strip 
between two tracts, and both claimed it by survey, one with a survey, 
and the other with a caveat against it, the Surveyor-General would 
take that responsibility. 

Mr. Munn — 

Q. This is not that case. 

Witness — 

A. It is a similar case. 

Mr. Munn — 

Q. No; you said you knew that land had not been located ; suppose 
I owned one of these shares, and filed my survey with you, showing 
that I had located this land, would you have refused to let me have it? 

A. I should; I would refer it to the Board, and I think they would 
refuse it. 

Q. Although my survey covered the right to this unlocated land? 



61 

A. We couldn't, with ]>ropriety, turn round and sell it ; we must 
carry out our sjvlo. 

Q. But 3'ou hadn't made any sale ? 

A. Well, we had advertised it; it is a question whether we had an 
honorable right to interfere with that sale, and let that Proprietor 
take it up. 

Q. Although it was unlocated, you would say it was too valuable 
to let him have it and sell it to somebody else ? 

A. No, sir. 

John L. Boggs, a witness subpoenffid by order of the committee, being 
duly sworn, testifies as follows : 

By Mr. Beekman — 

Q. Give us your age and residence ? 

A. Perth Amboy ; next February I will be 69. 

Q. How long have you been a Proprietor? 

A. Well, about twenty-one years. 

Q. You were Register of the Board, were you not? 

A. I was appointed Register in May, 1859. 

Q. Have you been conversant with the proceedings of the Board 
during that time? 

A. Pretty generally ; I don't think I missed but one meeting since 
I was appointed Register; then I was out West. 

Q. During the last few years have many new persons come in as 
Proprietors ? 

A. Yes, sir; quite a number, 

Q. About how many have come in by purchase? 

A. About a dozen, I suppose. 

Q. Who are the active managing men now, these late comers or the 
old ones ? 

A. I can't answer that. 

Q. Are the persons who have lately come into the Board active in 
its art'airs ? 

A. Yes, sir. 

Q. The persons who were formerly active, do they still attend the 
meetings? 

A. Yes, sir; pretty generally. 

Q. Have you rules and regulations governing your proceedings as 
a Board ? 

A. Yes, sir. 

Q. Are they recorded in your book of minutes? 

A. Yes, sir. 



62 

Q. Have those rules been changed any during the last ten or fifteen 
years ? 

A. Oh, yes, sir; modifications have been made several times. 

Q. Do you know what modification has been made in the rule 
requiring notice to be given to the adjoining land owners when a 
right was located ; when a survey was made on unloeated grounds? 

A. I have no recollection of any such modification. 

Q. That rule still stands unchanged ? 
■A. That is my recollection. 

Q. Do you know whether in these late surveys at Shark river notice 
was given to the adjoining land owners? 

A. I do not; upon that question, of giving notice to the adjoining 
owners, a resolution was passed by the Board, and the Register was 
directed to tell the Deputy Surveyors that they must notify the 
adjoining owners, and I sent that notice to all the Deputy Surveyors. 

Q. And it has never been rescinded up to this time? 

A. Not that I remember. 

Q. If it had been rescinded it would appear in your book of min- 
utes, wouldn't it? 

A. Yes, sir ; it ought to. 

Q. Before you ordered a survey to be filed, did the Board inquire 
whether that was done or not? 

A. The Surveyor-General not living here, this was more partic- 
ularly under the presidencj' of John Rutherford ; the survey was sent 
here, and I endorsed it when it was received here, and sent it to the 
Surveyor-General. 

Q. Is the Board of Proprietors a corporation ? 

A. That is a pretty difficult question to answer. 

Q. What is the Board of Proprietors? 

A. You know where the original grant comes from. 

Q. What is the constitution of it? 

A. It is a corporation called a land compan3\ 

Q. Do you know of any law of this State giving it corporate 
powers ? 

A. I do not. 

Q. Is it not the remnant of a government, more than anything 
else ? 

A. Well, no ; I think the government was surrendered to the Crown. 

Q. The exercise of powers over tide waters, has not that always 
been a governmental power? 

A. I think not. 

Q. The exercise of power over public highways has always been a 
government power, hasn't it? 



68 

A. We don't pretend to exorcise any control or government over 
the navigable waters. 

Q. I speak of tidal waters? 

A. Well, most all tidal waters are more or less navigable. 

Q. B}' tidal waters, do you understand that to mean public high- 
ways tor the citizens to pass and repass in boats? 

A. Yes, sir. 

Q. These rules you have adopted for your own government ; have 
you ever printed them ? 

A. No, sir. 

Q. The instructions to Deputy Surveyors, have they ever been 
printed ? 

A. Yes, sir. 

Q. Have you a copy of them ? 

A. I think I have a written copy ; when I was appointed Register, 
there was about six or eight printed copies; npon the appointment 
of Deputy Survej^ors, I was instructed to give them a copy, and they 
were soon used up, and I sent down to Annaniah GifFord and got his 
printed copy and made a written copy, which 1 have got now. 

Q. The Board didn't inquire, during the last year, about giving 
notice to the adjoining land owners in regard to these lands that have 
been lately taken up ? 

A. 1 have no recollection. 

Q. Of that being talked of? 

A. No, sir. 

Q. Do you know whether the people of Hudson county or Shark 
river were notified before Kobbins' Reef and Shark river were taken 
up? 

A. I have no recollection of it. 

Q. Did you keep minutes as Register? 

A. Yes, sir; as accurately as I could. 

Q. And those records show the rules adopted by you at your 
meetings? 

A. Yes, sir. 

Q. The determination of disputed points and votes at your 
meetings? 

A. Yes, sir; the minutes of the last meeting are probably read the 
first thing at the next meeting; if they were correct they would be 
approved ; if not, any member could correct them, and they would be 
approved by the full Board. 

Q. Does the Board pay any tax to the State ? 

A. No, sir; the State taxed us. and I took the ground that they 
had no right to tax us, as this building belongs to the State. 



64 

Q. Did they tax you for your recoi-ds? 

A. No, sir. 

Q. On your proprietary shares or anything of that kind ? 

A. No, sir. 

Q. There never has been any lax paid on that, so far as you know ? 

A. No, sir. 

Q. What land does the State own here? 

A. This building covers almost the whole lot; it is about sixty 
feet deep and twenty-two feet front. 

Q. Of whom did the State buy it? 

A. Mr. John K. Watson. 

Q. Who paid for the erection of this building? 

A. There was an appropriation made of $600 each, for East and 
West Jersey ; and the West Jersey Proprietors put up their building at 
Burlington; and the Surveyor-General, Francis Brinley, put up this 
building and ran the Board of Proprietors in debt for just about the 
amount; the appropriation made by the State, $200 of it went to 
purchase the lot. 

Q. What did it cost over and above the appropriation by the State? 

A. I don't know that I am able to say; some $500, 1 guess; that 
is, the building and lot; that was done by Francis Brinley without 
any authority from the Board. 

Q. Have any of the records been removed from here to your 
knowledge since you have been ilegister? 

A. Yes, sir. 

Q. What year? 

A. About ten years ago was the first. 

Q. What records were they ? 

A. The books were out of order, and the binding was all off, and 
the Board authorized me to have rebound such books as I thought 
would be advisable, and I took them up to New Brunswick; last 
December I was subpoenaed to go to New Brunswick and take the first 
five books of surveys up there ; and they were in bad order and I put 
them in the County Clerk's office there until such time as I might be 
called upon ; and 1 took them down and had them bound ; there was 
a good deal of talk about them being away, but there was a resolu- 
tion of the Board authorizing me to have them bound ; the first was 
taken away eight or ten years ago; they were out only a few weeks; 
only just long enough to get bound. 

Q. And the last time how long were they away ? 

A. They were about a month in the County Clerk's office and were 
bound and sent back; when I found the case was not coming on I had 
them rebound. 



65 

Q. Do you know whether the office contains all the records that 
were here when yon were elected Register? 

A. 1 believe they are. 

Q. Do you know whether there are any in the Secretary's office? 

A. Only from hearsay. 

Q. Do the Proprietors claim to own those records? 

A. Yes, sir. 

Q. Have they ever named a price for which they would sell them 
to the State? 

A. No, sir. 

Q. Would $100,000 buy them? 

A. I don't know about that. 

Q. Does the Board claim the right to sell to any purchaser they 
may find ? 

A. 1 should think so if the title is in the Board. 

Q. Whether that purchaser resided in the State or out of it? 

A. That is a question that has never been agitated or talked over. 

Q. You have no doubt you could sell them to some antiquarian or 
historical society in New York? 

A. I don't know about that. 

Q. Who furnished the seal you use? 

A. The State; you will find in the minutes that the Legislature — I 
guess it was the Colonial Legislature — ordered two seals, one for East 
and one for West Jersey. 

Q. Since that time has not the State authorized the purchase of a 
seal? 

A. I can't say; there was a Register's seal during Brinley time, 
and that mysteriously disappeared ; I have never seen it. 

Q. During your connection with the Board, have the Board denied 
public access to the records? 

A. I don't know that they have ; I think some j)erHons came from 
the other end of the State and complained that they couldn't get in ; 
it wouldn't pay me or anybody to spend all my time here, to accom- 
modate one or two persons. 

(}. There was no resolution upon your minutes denying them 
access ? 

A. Years ago I was engaged in business in New York, and was 
here one or two days in the week, and left the key at home; and if 
anybody came, one of my sons or daughters would come up with 
them. 

(I You had no regular office hours here, had you ? 

A. No. sir. 

5 



66 

Q. The oflSce would be closed for weeks at a time ? 

A. Yes, sir. 

Q. That is the case now, isn't it? 

A. I don't know what arrangement Mr. Force has made about hav- 
ing it open or shut, 

Q. Do you know whether lately persons have been denied access to 
the records ? 

A. I do not. 

Q. The fees you charged for your services while you were Register, 
where did you get your authority for charging those fees? 

A. I don't know as I have any particular authority; it has been 
my practice — following Mr. Brioley — to charge for a copy of the 
survey with the seal attached, $1.50 or $2.00, according to the length 
or size of it; then the record of the returns — there was a committee 
appointed to make an examination; and they reported that the 
Eegister should copy the return when it was sent to him by the Sur- 
veyor-General ; I make out the deed, and used to be allowed $5.00 for 
copying the survey and making out the deed, and having it acknowl- 
edged by the President; that was by the committee, John W. Eus- 
sell, John Kean, Jr., Mr. Morris. 

Q. Who is John Kean, Jr. ? 

A. He is our Treasurer. 

Q. Where does he live? 

A. In Elizabeth. 

Q. Is he a late purchaser? 

A. I guess he has been here four or five years ; his father gave him 
a quarter of a share. 

Q. Are the minutes kept in your handwriting? 

A. Yes, sir ; except this last meeting. 

Q. And the records of the surveys, have they been in your hand- 
writing? 

A. No, sir; I havn't been able to attend to that; either in my 
handwriting or the handwriting of my daughter, and afterwards they 
have been examined by me and certified. 

Q. Do you understand that your records contained the foundation 
to all titles to real estate in East New Jersey ? 

A. Yes, sir; I have a slight recollection that some surveys have 
been returned down in Monmouth county. 
Q. What do you mean, the Nichols patent ? 

A. No, sir ; under the law for surveys recorded in certain coun- 
ties, and for a certain time they would be legal. 

Q. Do the Proprietors ever make deeds for the lands embraced in 
the Nichols patent ? Do you know that ? 



67 

A. No, sir. 

Q. Do you know whether the Proprietors have over claimed, or 
located, or sold any of those lands? 

A. Not that I am aware of. 

Q. Do you know of the Proprietors ever putting up their rights or 
their unlocated lands at auction until it was done here recently ? 

A. No, sir ; that is the only time, within my recollection, it ha» 
been done. 

Q. Do you know of the Proprietors locating lands under tide water 
until it has been done recently ? 

A. Yes, sir; there was a tract of land (Crab island) located by 
Kobert Morris, in 1806, I think it was. 

Q. It is an island with adjoining Hats ? 

A. Yes, sir. 

Q. Do 3'ou know of any other land beside that? 

A. I don't know that I do ; there was a survey called the Ogden- 
ten-acre tract, in New York bay ; that is under water. 

Q. Wasj'our attention ever called to the Souman's patent, in Mon- 
mouth county, now Ocean, embracing what is called Barnegat Beach ? 

A. No, sir. 

Q. What is done with the money paid for the Propriety shares, or 
the proceeds ? 

A. If you sell it, it goes to you ; if I sell it, it goes to my pocket, 

Q. It is individual property' ? 

A. Yes, sir. 

Q. Do you know of a rule requiring Deputy Surveyors to have the- 
names of chain-bearers and witnesses endorsed on the surveys when 
they returned them here to the oflSce ? 

A. I don't know as I can say that there has been any rule about 
it ; it has been the practice. 

Q. If a survey came here without the names of chain-bearers or 
witnesses, would you record it ? 

A. I only record the return. 

Q. Do you know of any that has come here without the names of 
chain-bearers or witnesses ? 

A. No, sir. 

Q. Havn't you recorded returns whore there are no chain-bearer» 
mentioned ? 

A. I don't know ; that is a matter belonging to the Surveyor- 
General. 

Q. You have no responsibility about it; the responsibility is all 
upon him ? 

A. Yes, sir. 



68 

George H. Cook, a witness subpoensed by order of the committee, 
being duly sworn, testifies as follows : 

By Mr. Beekman — 

Q. You are the head of the Geological Survey in New Jersey? 

A. Yes, sir. 

Q. How long have you been connected with it? 

A. I have been the head of the Survey for seventeen years. 

Q. Are you a Proprietor ? 

A. Yes, sir. 

Q. How long have you been a Proprietor ? 

A. I can't tell you, sir; three or four years. 

Q. You attend the meetings of the Board regularly? 

A. Yes, sir; as regularly as I could. 

Q. Have you taken up any lands? 

A. None in the jurisdiction of New Jersey ; I have taken up two lots 
of a nondescript character; I have taken up the two islands called 
Oyster island and Bobbins' reef; they are'in the jurisdiction of New 
York, and were always considered to be a part of New York until 
the treaty of 1833, when the lines showed they were inside of our 
State boundary, though the treaty gave the jurisdiction of them to 
New York. 

Q. Are those lands under high water ? 

A. They are under the present high water; but they were always 
islands, and originally above high-water mark ; they were described 
as islands as long ago as 1840 ; as I consider them, they have partly 
washed away, and besides being lowered by the geological subsidence 
of the land all along the coast ; I think there is about twenty-five 
acres in the two. 

Q. Is there a light-house on one ? 

A. Yes, sir. 

Q. That belongs to the United States Government? 

A. Yes, sir; it is so said. 

Q. Do you know how much the government claims of the land on 
which the light-house stands? 

A. No, sir. 

Q. Do you know how the Government got title ? 

A. Not originally; I know the Kiparian Commissioners gave them 
title to it within a year or two, but they have a good title for what 
they occupy, I have no doubt. 

Q. Have you been interested in the survey of Shark river? 

A. No, sir. 

Q. Or of the beach at Point Pleasant ? 



69 

A. No, sir. 

Q. Or Sandy Hook ? 

A. I was about that ; j'es, sir. 

Q. Did you purchase that ? 

A. No, sir, 

Q. Did you locate it? 

A. I looked up the original grant to sec what it was. 

Q. You have no interest there now? 

A. I don't know whether I have or not. 

Q. Did you have any survey- made? 

A. I traced out on the map to see where Ilartshorne's grant was; 
you see Hartshorne had a grant of 200 acres there, and the Hook 
covers 1,500 or 1,600 acres. 

Q. Do you know that soil has been made at Sandy Hook by the 
storms, and extended out some two or three miles? 

A. Nearly a mile; yes, sir. 

Q. Beyond what it was in 1080 — do you know that fact? 

A. I know by the maps ; yes, sir. 

Q. Do 3'ou know whether the Proprietors claim to own this new- 
made land which has been made by storms? 

A. I hardly know what to say to that; 1 thought it was a proper 
subject of question ; I am interested to see how it will be decided. 

Q. Are you interested |)ecuniarily ? 

A. I don't know whether I am or not. 

Q. If they hold no title in it, would 30U be interested pecuniarily? 

A. I don't know; I wouldn't say positively what I would do? 

Q. Have you attended the meetings, for the last year or two, of the 
Proprietors ? 

A. Yes, sir; I think I was absent only once. 

Q. Have you ever computed the number of acres in East New 
Jersey, outside of the tide waters — the land not covered bj- tide 
waters ? 

A. Pretty nearly, not accurately; 1 think it is a little short of 
2,000,000 acres in East Jersey as it is now. 

Q. That is exclusively lands not under tide water? 

A. It includes land only ; the Proprietors purchased lands to the 
low-water mark from the Indians; they bought to low-water mark; 
that is properly deeded to them ; I should hardly bo able to draw the 
line in estimating. 

Q. Do you include the lands under tide water or do you not? 

A. When I say 2,000,000 1 don't mean to be accurate ; I don't carry 
it in memory ; if 1 were going to estimate it, I would estimate it at 
high-water mark. 



70 

Q. You would include Earitan bay and the Passaic river? 

A. No, sir. 

Q. Would you leave out Earitan bay? 

A. Yes, sir; I would include in it the land uncovered at high-water 
mark ; it would be approaching 2,000,000 acres. 

Q. You understand that a line run from the mouth of Little Egg 
Harbor river to the river Delaware, at the latitude of 41° 40'., is the 
true line between East and West Jersey ? 

A. Yes. 

Q. That is all you estimate the land to be north of that line? 

A. Yes; or east of that line. 

•Q. You include no territory claim by New York? 

A. No, sir. 

Q. When did you make that calculation ? 

A. I only made it in a very general way; I think ten or twelve 
years ago. 

Q. In connection with your Geological Survey? 

A. Yes, sir; in making a map of the State. 

Q. Is that estimation printed in any of your reports? 

A. No, sir; it was printed at an earlier date, though; it has been 
(printed one hundred years, I gue^s. 

Q. Who was that ma-de by first? by Lawrence? 

A. No, sir; I don't remember that it was made by Lawrence; but 
it was made in 1780 or 1790, in some controvers}^ between East and 
West Jersey, and the areas are printed in Gordon's History of New 
Jersey; it is a public document. 

Q. Did you ever estimate the lands embraced in the Nichols patent 
to the inhabitants of Elizabethtown ? 

A. No, sir; I have seen it estimated. 

Q. Did you estimate his title to the Monmouth patent? 

A. No. sir; I have tried to draw the line round it; I have never 
«een a plain description of it. 

Q. Do you know that a certain portion of the lands embraced in 
those two patents, were secured to the settlers, and are now held 
•under a different title from that of the Proprietors? 

A. No, sir; I do not. 

Q. And you have not left those lands out of your estimation ? 

A. No, sir; they are included in the 2,000,000. 

Q. Have you ever estimated the number of acres the Proprietors 
ihave sold? 

A. No, sir; I have tried to; it is eas}' to estimate the dividends, 
which amount to a little over a million acres, I think; they are not 
•quite all located yet; the patents that were granted early, were 



71 

patents granted on rents, and were not perlbcted until they were 
improved ; it was declared that they were patents granted for a nom- 
inal sum, on conditiort that they would improve them ; and the law was 
that they would revert to the Proprietors if they were not improved 
at a certain time; there were a number of settlers at Elizabethtown, 
Middletown and Bergen count}^ and parts of Essex and Morris, who 
had their titles, by occupation before the Proprietors got possession; 
that land has never been sold since by the Proprietors ; but they were 
required bylaw to take title from the Proprietors; there is no means 
of getting at the amount thus secured by right of occupancy; all the 
Proprietors have to go on is, that it is about 2,000,000 acres. 

Q. What record is there of that? 

A. Of the boundaries? I think there is none in many cases; I sup- 
pose after they occupied it they were allowed to hold it. 

Q. There is nothing in this oflSce that would show that? 

A. Nothing that I know of, but I am not familiar with the books; 
there is another curious difficulty in regard to titles in East Jersey; 
in 1868 the partition line between East and West Jersey was run from 
Egg Harbor straight up to the south bi-anch of the Raritan river, 
near Three Bridges; all the land east of that was for a good while, 
until 17-43, in East Jersey, and grants upon it were made by the East 
Jersey Proprietors ; from South Branch the supposed partition line 
then ran on the west boundary of Branchburg township, Somerset 
county, across to the north branch of the liaritan ; thence up 
the river to Lamington Falls, I think, and from there across the 
country on the north boundary of Somerset to the Passaic; it then 
followed down the Passaic to the mouth of Pompton river; and from 
thence up the latter stream to the State line; that, of course, made 
East Jersey very much smaller than it is now; and the West Jersey 
Proprietors had the title to all the lands in Morris county, and a con- 
siderable portion in Sussex, Bergen, and Passaic counties, as they are 
now ; all those records are in the West Jersey office. 

Q. Did you ever read the case of Cornelius v. Giberson? 

A. Yes, sir. 

Q. The Lawrence line commenced at Little Egg Harbor, and ran to 
the Delaware, 41° 40', and that has been declared the true line? 

A. Yes, sir; but for all that the titles were made before 1743, when 
Lawrence's line was run ; those records were in West Jersey, and are 
there yet ; it makes one of the difficulties in estimating the whole 
amount of land the Proprietors had. 

Q. According to your judgment and your investigation there is no 
way of getting at the amount of land n-maining umlisposod of to-day ? 

A. I have thought a good deal about that; my idea is that it could 



72 

be done by making an accurate map of the whole district covered by 
East Jersey, putting down the sales as far as we can see, and estab- 
lishing where the diflScult points are; it couldn't be done in this office 
all together; I went over the ground where my friends lived in Mor- 
ris county in 1715 ; I traced out the first lot of the records in West 
Jersey ; I had no difficulty in tracing those lines. 

Q. This office showed no record of it? 

A. No, sir; the original sale was in West Jersey ; I read the record 
myself in Trenton, afterwards. 

Q. Suppose some one should come here with a survey locating that 
land, their records wouldn't show that it had been conveyed away; 
they would file that return ? 

A. No, sir; I wouldn't; if it were a survey of property there, I 
should want to look at the surveys in the other offices; I think the 
surveyor would do the same thing. 

Q. Do you know that some of the Proprietors located and received 
a patent for 1,000 acres? 

A. Yes, sir. 

Q. Do you remember how much Aaron Soumans had in what is 
now Ocean county ? 

A. Yes, sir; I have seen the record of it. 

Q. Did that embrace the Barnegat Beach, or not? 

A. I think it did ; it was printed years ago by the Proprietors. 

Q. Soumans afterwards sold that land to various individuals? 

A. I don't know; I have never seen any deeds of it; I suppose he 
sold it. 

Q. The Proprietors wouldn't have any right to locate on any of 
that land ? 

A. I wouldn't want to say that; I would consider that if they 
sold lands, or granted them on the condition that they should be 
improved, I would assume that the consideration hadn't been paid, 

Q. If the Proprietor took a patent for it, it would belong to him 
or his heirs? 

A. Yes, sir ; but when the considerations were that the lands should 
be improved, sales were made for the benefit of the rest of the lands 
that the Proprietors owned. 

Q. Has the question been considered in the case of a patentee 
leaving little gores between the surveys, as to whom that land 
belonged to, whether to the Board or to the patentee? 

A. It has never been considered when I was present. 

Q. Do you wish to make any statement to the Committee ? 

A. I would be glad to state that I went into the Board of Propri- 
etors, and have been active in it, for the purpose of clearing up all 



73 

these unsettled points — to clear up all the outstanding rights of loca- 
tion, and ascertain everything that belongs to the Proprictorrt in the 
form of property, or else turn the records over to the State ; 1 shall 
be interested to have any questions settled that are unsettled ; if that 
can be done by legislative intervention, I shall be very glad to have 
it put in legal form. 

Q. You claim that the Proprietors own the land under water? 

A. I should think they owned to low-water mark ; and that it is a 
proper subject of question whether they do not own all lands under 
water that are valuable for growing shell-fish. 

William M. Force, a witness heretofore sworn, being recalled, testi- 
fies as follows — 

By Mr. Munn — 

Q. Please turn to that book of minutes and read from the minutes 
of October 3d, 1843, page 370, and read it slowly. 

A. [Eeading.] " Whereas, the Board of Proprietors and State of 
New Jeisey are both losers by acquiescing in the construction com- 
monly given by the Supreme Court of the United States, but, by 
joining their interests, the titles of the lands under water might be 
disposed of to their mutual advantage ; therefore, be it 

^^ Resolved, That a committee of three, consisting of James Wood, 
Andrew D. Cobb and John Eutherford, Esq., be appointed to proceed 
to Trenton, and endeavor to. make such compromise with the State, 
with free power from the State to make such an agreement, as in the 
judgment of such committee may seem best, and among other powers 
to fill any vacancy in their own body; the Board hereby ratifying 
and confirming all the committee may do by virtue of this resolution, 
and to pay sufficient and reasonable charges of said committee, but 
not more than 8300 for the aggregate of all such expenses and 
charges." 

Q. Now turn to page 371 and read from that. 

A. [Reading.] "Mr. Waddell offered the following resolution: 

"Resolved, That this Board will proceed on the third Tuesday in 
May next, at 12 o'clock, noon, to dispose at auction, at the city of 
Perth Amboy, of all the properties of every kind and description 
then remaining, to the highest bidder for cash." 

"Upon which resolution the question being put, the same was 
agreed to by the following vote : 

II ^yeg — Kusscll, Rutherford, Bruen, Dudley, Rutherford, Condit, 
Taylor, De Bow, Kean, J. Rutherford, Morris, Van Dyke— 12. 

« Noes— Waddell, Vail, Patterson, Cobb, Kilpatriok. Brinley— <)." 

Q. That was at the same date, was it not ? 



74 

A. The same date, the same meeting. 

Q. Please turn to the minutes of May Ist, 1844, page 375, and read 
that. 

[Eeading]. " The following resolutions, relative to the land in the 
city of Newark, were offered by a committee appointed to consult 
and agree relative to the question, being put, the same were passed, 
to wit : 

" Resolved, That the Board are disposed to accept the proposition 
made by Van Buren Eyerson, for the sale of lands in the city of New- 
ark, to wit : The market place, or North Common, the burial ground, 
the Waters' place, and the parsonage, on the following terms, viz. : 
the grantee to use all diligence in recovering the premises, and to 
give security for saving the Board harmless in all costs and expenses; 
to pay the Proprietors one-half of all the proceeds arising from the 
sale of the property ; or, in the election of the Board, to divide, in 
equal parts, the lands, when recovered, or to compromise by sale of 
the whole for a sum not less than $200,000, one-half, without deduc- 
tion, to be paid to the Proprietors ; the said Van Buren Eyerson to 
have free access to the records of the Proprietors. 

" Resolved, That a committee of Mr. Stuyvesant, Mr. Van Hork 
and Mr. Blauvelt be appointed to carry, with the advice of counsel, 
the above agreement into effect. 

" Resolved, That $100 be appropriated for the above purpose." 

On motion, it was ordered, that when the Committee adjourns, it 
be to meet at the Columbia House, at Ocean Beach, on Friday, the 
15th day of Z\x\y next, at 10 o'clock, a. m., and that the Secretary 
issue subpoenas to certain witnesses to be in attendance on that day. 

On motion, the meeting then adjourned. 

Friday, July 15th, 1881. 

The Committee met, pursuant to adjournment, at the Columbia 
Hotel, Ocean Beach, at 10 o'clock a. m. 

William H. Pearce, a witness subpoenaed by the Committee, being 
duly sworn, testifies as follows: 

By Mr. Beekman — 

Q. Where do you live? 

A. Township of Wall. 

Q. What is your age? 

A. My age will be forty-five month after next. 

Q. What is your business? 



75 

A. Farmer. 

Q. How long have you known the waters of Shark river? 

A. Ever since I was ten years old. 

Q. Have you lived near Shark river all your life ? 

A. Yes, sir; lived within a mile and a half all my life. 

(^. How far does the tide ebb and flow ; how far up ? 

A. It rises and falls about two miles up the river, from eighteen 
inches to two feet; common ordinary tide; spring tides are higher. 

Q. Do you know how far up the river has been navigable a number 
of yeai's back ? 

A. I have known two vessels to be built, one at the head of the 
river and one where I now live. 

Q. How far from Ocean Beach ? 

A. One about four miles from the inlet, up at the head of the river, 
was launched and brought out ; then the schooner Eliza Ann was 
built, and freighted in here a number of years; the last vessel a com- 
pany bought of Samuel S. Allen ; she formerly traded at Squan river; 
had several commanders there; at last I took command of her and 
run her about two years between here and Haverstraw and Nyack; 
brought down lime and wood ; we used to be bothered sometimes by 
heavy storms that would come along and make bars; there would 
come a northeast storm and it would make a bar across the inlet ; and 
the wind would chop around again and make a splendid inlet; I have 
made a trip in forty-eight hours to Haverstraw and back again. 

Q. When was it closed the last time ? 

A. I think it is in the third year now since it was doped. 

Q. Has the river been a common highway for the people to pass 
and repass in row-boats ? 

A. Yes, sir; as far as I know. 

Q. Has it always been so in the recollection of the oldest inhabitant? 

A. I never heard tell of nobody's stopping people from passing on 
the public water, or crabbing, bathing, fishing or sailing; there have 
been several vessels in here; small vessels have put in here in bad 
weather for a harbor. 

Q. Do you own any land next to Shark i-ivor? 

A. YcH, sir. 

Q. Wore you ever notified that any of the property on Shark river 
was to be taken up? 

A. No, sir. 

Q. You mean that this river has been closed to navigation ; it 
hasn't been entirely closed ? 

A. Entirely closed? I have known it to be entirely closed, and I 
have worked on to it — once in particular, four days and nights; got 



76 

men to get it out; it was in the month of August and a dry season, 
and we wanted to save what there was into it. 

Q. Have you any idea of the number of persons who make a liveli- 
hood in fishing and oystering in Shark river? 

A. Bless you, no, sir ; sixty or seventy, I suppose, makes a living 
out of the river. 

By Mr. Munn — 

Q. It is open now, isn't it, to the tide? 

A. Yes, sir ; where the tide rises and falls, it certainly must be. 

Q. Did you say that the tide rises and falls, now, eighteen inches 
or two feet ? 

A. Yes, sir ; it is falling now ; and the Spring tide nearly three 
feet, two miles up the river. 

William Segoine, a witness subpoenaed by the Committee, being duly 
sworn, testifies as follows : 

By Mr. Beekman — 

Q. Where do you live? 

A. Freehold. 

Q. Your age? 

A. Forty-two. 
J Q, What is your business? 

A. Surveyor. 

Q. Practical surveyor 

A. Yes, sir. 

Q. Are you a Proprietor ? 

A. I am. 

Q. Of whom did you buy your share ? 

A. I bought it of Mrs. Fairchild. 

Q. How much did you give for it? 

A. Three hundred and fifty dollars. 

Q. How much do you own ? 

A. A quarter share. 

Q. When was that ? 

A. That, I think, was in November, 1880. 

Q. Have you been a Deputy Surveyor? 

A. i have ; yes, sir. 

Q. Appointed b}^ whom? 

A. Mr. Rutherford, I think. 

Q. Was he the Surveyor-General ? 

A. At that time, I think. 



77 

Q. Have you a copy of the instructions to the Deputy Surveyors, 
from the Proprietors ? 

A. Yes, sir. 

Q. Will you let us see it ? 

A. [Witness produces paper] — This is a copy of the one I had. 

Q. Whose handwriting is that ? 

A. It is signed by Mr. Boggs ; I don't know whose handwriting 
it is. 

Q. Is that Mr. Boggs' signature ? 

A. Yes, sir. 

Q. He was the former Register ? 

A. Yes, sir. 

[Paper offered in evidence and marked Exhibit AJ] 

Q. The name of Andrew Bell, I see, is signed to these instructions? 

A. Yes, sir. 

Q. Do you know whether he was the former Surveyor-General? 

A. He was; yes, sir. 

Q. Do you know whether these instructions have ever been modi- 
fied or changed by the Board of Proprietors? 

A. Not that I know of. 

Q. While you were Deputy did you ever receive any notice of the 
change of any of these instructions? 

A. Nothing different from that, sir. 

Q. Have you taken up, as Deputy Surveyor, any lands for the 
Board of Proprietors ? 

A. Yes, sir ; for the Council of Proprietors ; I never did much for 
them. 

Q. In your returns, did you send in the names of the chain bearers? 

A. Always. 

Q. And before taking u]) the land, did you give notice to the adja- 
cent land owners pui'suant to those instructions? 

A. Yes, sir; when those instructions were given I always gave 
them notice afterwards. 

Q. After those instructions were given, you always gave notice 
to the adjoining land owners ? 

A. Y^es, sir. 

Q. Do you know whether the Proprietors have denied the public 
access to their records? 

A. They have, sir. 

Q. When? 

A. In December, 1879, I received the first information from Mr 
Boggs. 



78 

Q. Have you any written communication from the officers of the 
Board denying access to the records? 

A. I have a letter from the Surveyor-General ; yes, sir. 

Q. Will you produce it ? [Witness produces paper.] Do you know 
Mr. Howell's handwriting? 

A. Yes, sir. 

Q. Did you receive that through the mail ? 

A. Yes, sir. 

Q. Is that his handwriting? 

A. Yes, sir. 

Q. What did you do in order to get access to the records after 
receiving that letter? 

A. I got an order from Mr. Tichenor — Francis Tichenor. 

Q. This gentleman, the President of the Board ? 

A. His son. 

Q. Where does he live? 

A. He lives at Newark ; he is a lawyer. 

Q. Is Mr. Tichenor President of the Board? 

A. No, sir; it is his son. 

Q. Is he a Proprietor ? 

A. Yes, sir. 

Q. The son of the President is a Proprietor, also? 

A. Yes, sir. 

Q. Were you a Proprietor at the time they denied you access to 
the records ? 

A. No, sir. 

[Letter signed " Monroe Howell " offered in evidence, and marked 

Exhibit B.I 

Q. [Paper shown to witness,] What is that paper? 

A. That is a copy of the survey, which is sent to the Surveyor- 
General after the survey is made. 

Q. It was given to the Deputies with the instructions to show the 
mode of making the return ? 

A. Yes, sir. 

William H. Shafte, a witness subpoenaed by the Committee, being 
sworn, testifies as follows : 

By Mr. Beekman — 

Q. Where do you live ? 

A. I am a resident of Wall township, Monmouth county. 

Q. What is your business ? 

A. Surveyor. 



79 

Q. A practical surveyor ? 

A. Yes, sir. 

Q. Did you make any survey on the Spring Lake property in the 
winter of 1880 ? 

A. I assisted Mr. Yard in making a survey hero, I think. 

Q. Do you remember when you first went there to make that 
survey ? 

A. I do not. 

Q. Haven't you an}' record of it? 

A. I don't think I have. 

Q. Did he employ you ? 

A. Yes, sir; Mr. Yard employed me. 

Q. And was it at his request you went there to make that survey? 

A. Yes, sir. 

Q. H. H. Yard ? 

A. H. H. Yard. 

Q. Have you any means of fixing the date ? 

A. 1 don't think I have. 

Q. Who were your chain-bearers ? 

A. 1 guess a part of the time we carried the chain ourselves. 

Q. You had no chain-bearers ? 

A. No, sir; we were there two or three hours, off and on ; we had 
somebody carry the chain sometimes ; I don't know who it was. 

Q. Did you have any deed or map in order to find the courses ? 

A. We had extracts of old surveys ; I think we had a map. 

Q. Would you know that map if j'ou saw it again ? 

A, I think I would. 

Q. Do you know who made that map? 

A. I think Mr. Yard made the map ; I think I had a map I made ; 
I think I have that yet. 

Q. When you went there to make that survey, did you have a 
map ? 

A. Yes, sir. 

Q. Who made that map? 

A. I think I drew that map. 

Q. How could you make a map before you made a survey ? 

A. I had extracts of original surveys, and I put them together. 

Q. Have you that map yet ? 

A. 1 think I have, home ; yes, sir. 

Q. You had no other map ? 

A. I think Mr. Yard bad a map ; yes, sir. 

Q. Do you remember having a conversation wiih .Mr. Throckmor- 
ton, the surrogate ? 



80 

A. Yes, sir. 

Q. Do you remember about telling him what map you had from 
which you made that survey? Do you remember telling him you 
had a map made by William Segoine ? 

A. No, sir; I never told him I had seen Segoine's map before I 
made the survey. 

Q. Did you see it before you made the survey ? 

A. I never did, sir. 

Q. Have you heard of Mr. Segoine's map from anybody? 

A. I had heard of his making a survey there. 

Q. Who told you about Mr. Segoine's survey? 

A. Well, I knew of it, in fact, some time before ; I don't remember 
now. 

Q. You knew of Segoine's survey before you and Mr. Yard went 
there to survey? 

A. I think I knew he was making a survey around there for some 
purpose; I didn't know exactly what. 

Q. How did you find the beginning corner you made when you first 
went on the Spring Lake property; 

A. I think I knew it myself; I don't think anybody showed me at 
that time. 

Q. Do you know William John Smith ? 

A. Yes, sir. 

Q. Do you remember of his showing you a beginning corner at 
that time? 

A. I think he was there and told us he knew something about a 
corner. 

Q. Did he go with you and show it to you ? 

A. He was with us a part of the time. 

Q- Did he show you a beginning corner-stone? 

A. I don't know what corner you have reference to. 

Q. Did he show any corner? 

A. I think he did. 

Q. Was that the first time you went to make that survey ? 

A. Yes, sir; we had been in that vicinity; I don't know that we 
had been on that particular ground ; we had surveyed around there ; 
I don't know whether we were on Spring Lake before or not. 

Q. You know where the Spring Lake buildings are? 

A. Yes, sir. 

Q. You would know if you were within a few hundred yards of 
that building? 

A. Yes, sir. 



81 

Q. Yoii would know whe.ther yon had been on that property before 
he showed you that stone? 

A. I don't remember the date. 

Q, Were you on that property before he showed you that stone? 

A. I don't remember whether we were on the Spring Lake purchase 
or not before I saw him; I think we were though. 

Q. How many vacant pieces of property did you find on the Spring 
Lake property ? 

A. That I don't remember; there was several vacancies I think. 

Q. Do 3^ou remember whether you made that survey in January or 
February, 1880? 

A. I think we made part of the survey in December, if I remember. 

Q. December, 1880? 

A. 1879; 1 think I were then at Mr. Yard's and assisted him about 
a map several days before we went on the ground. 

Q. I am speaking of a survey by taking compasses and chains and 
going on the property; what month was it when you were there? 

A. I am not positive. 

Q. Were you there before January, 1880? 

A. I don't remember. 

Q. You made a charge against Mr. Yard for your services? 

A. Yes, sir: but I don't think I have any dates to my book; I 
guess I kept an account of the days. 

Q. But you haven't kept the month or the day of the month ? 

A. Not positively; no, sir. 

<Q. Where are 3'our books ? 
• A. They are at home. 

Q. The}' would show the day you actually made the survey? 

A. No, sir; I think I charged him, after I got through surveying, 
with so many days; 1 don't think I made any dates. 

Q. You had no chain bearers at all? 

A. Yes, sir; we had part of the time. 

Q. I mean the first day you went on Spring Lake? 

A. I think not; no, sir. 

Q. Do you remember whether j'ou had been on that property before 
you talked with William John Smith ? 

Witness — 

On that particular survey ? 

By Mr. Beekman — 
Yes, sir. 

A. I do not know ; I think the Spring Lake folks own a large tract 

6 



82 

there ; whether I had been on the part they own I don't remember ; 
there is a part of several tracts belong to other parties. 

Q. Did you ever have any chain bearers at any time when you were 
on the Spring Lake property to make a survey for Mr. Yard ? 

A. Yes, sir; I think so. 

Q. Who were they? 

A. I don't remember; I think we had chain bearers when we were 
surveying, I think, the lines of the 105-acre tract, not far from the 
Monmouth House ; I don't know who they were ; some of Mr. Yard's 
help, I guess. 

[Map shown to witness.] 

Q. Did you ever see a copy of that map before, or that plan 
annexed to it? 

A. I think I saw a copy of this, if not the original. 

Q. When did you see that? 

A. I don't remember; after I made the survey on Spring Lake, 
though, 

Q. Are j'ou sure about that? 

A. Yes, sir; after that. 

Q. You don't remember, however, about that date when you made 
that survey, do you ? 

A. Not positively; no, sir; I was there off and on several days. 

Q. Who showed you a copy of that map? 

A. Mr. Yard, I think. 

Q. H. H. Yard ? 

A. Yes, sir. 

Q. How long after that survey was it that you saw that copy of 
the map in H. H. Yard's hands? 

A. I don't remember now. 

Q. Was it a week? 

A. Perhaps a week, perhaps a month ; I don't remember. 

Q. Did you see the return annexed to that map? 

A. No ; I don't think I saw the return. 

Q. Where was Mr. Yard when he showed you a copy of that map? 

A. At his office, I think. 

Q. Here? 

A. At Ocean Beach ; I think I saw it there first. 

Q. Had you made your map of Spring Lake before seeing Mr. 
Segoine's map? 

A. I didn't make any perfected map. 

Q. Did you compare Segoine's map with your old surveys and those 
extracts from the records? 



83 

A. Not much, I think ; I don't remember; perhaps I did, some. 
■Q,. You never made any map before seeing Mr. Segoino's? 
A. I made a map of the different tracts before perfecting the survey. 
Q. Did you ever make a map from actual survey? 
A. No, sir. 

Q. Did you ever write out a return of your survey and give it to 
Mr. Yard, afterwards? 

A. Yes; I gave him notes, I think. 

Q. Did you write out the chains and distances and courses? 

A. Not fully; no, sir; I don't think I perfected any map or return. 

James Hunter, a witness subpoenaed by the Committee, being duly 
fiworn, testifies as follows: 

By Mr. Beekman — 

Q. You are a resident of Philadelphia? 

A. Yes, sir. 

Q. Are you President of the Spring Lake Beach Improvement 
Company ? 

A. Yes, sir. 

Q. How long have you been President? 

A. Ever since its organization — a couple of years. 

Q. Since January 1, 1880? 

A. Long before that. 

Q. Did you ever receive notice from H. H. Yard, or anybody else, 
that there were vacant lands surveyed on your property? 

A. No, sir. 

Q. Did you know at the time that any lands were being taken up 
by Deputy Surveyors? 

A. No, sir. 

Q. Do you know the tracts and gores which they had taken up on 
your property as vacant lands? 

A. I have seen a map there. 

Q. To what extent will it atfect the value of your property in case 
they hold their titles to those gores in the lands taken up? 

A. In case they should hold those gores, g25,000 or 830,000, at 
least, I should think. 

Q. How does it atfect your property? 

A. Cutting small gores through lots, it taints the title and makes 
the lots, of course, unsalable ; some have been sold, and parties wish 
to change them because there is a taint in the title. 

Q. Do you know whether your company employed surveyors to 
ascertain as to the title of the property there ? 



84 

A. Yes, sir; we had surveyors to find the gores and see whether 
the title was all right. 

Q. Was that before or after, that you were informed the Proprie-^ 
tors had taken up lands? 

A. Long before. 

Q. Do you know how long they were engaged in surveying there, 
and in opening the property^ before you heard of the Proprietors- 
taking it up ? 

A. Not exactly; a year, at least. 

Q. Do you know what it cost your company ? 

A. I do not ; several hundred dollars, I believe. 

Sherman B. Oviatt, a witness subpoenaed by the Committee, being. 
duly sworn, testifies as follows : 

By Mr. Beekman — 

Q. Where do you live? 

A. I reside now at Ocean Beach. 

Q. Are you acquainted with the property at Shark river ? 

A. Yes, sir. 

Q. How long have you known it ? 

A. Nine or ten years. 

Q. Does the tide ebb and flow at Shark river ? 

A. I think I have seen it closed once — the inlet entirely closed ; as- 
a general thing it ebbs and flows every day. 

Q. Do you know whether the river has been common for the peo- 
ple to pass and repass — in common use ? 

A. It has always been understood so. 

Q. You have seen them pass and repass? 

A. Yes, sir ; I have done it myself. 

Q. Were you Superintendent of the Spring Lake Beach Association ?' 

A. 1 was at one time ; yes, sir. 

Q. During the years 1879 and '80 ? 

A. The year 1879, and, I think, only a part of 1880. 

Q. You had the management of the business then? 

A. I did ; yes, sir, 

Q. Do you remember seeing Mr. Shafto and H. H. Yard making 
any survey of that property ? 

A. I don't remember seeing them there. 

Q. Did you ever receive any notice, as superintendent, that the 
Proprietors were about taking up lands there ? 

A. No, sir; I had no notice served on me that any one was about 
to take up any vacant lands at Spring Lake. 



85 

Q. Do you know to what extent the lands taken up at Spring 
[Lake would affect the value of the property ? 

A. I do not, for the reason that 1 have never seen the maps, and I 
don't know anything about it. 

By Mr. Munn — 

Q. Did you hear, in anywise, of surveys being made there? 

A. I did ; yes, sir; during the Winter of, I should say, 1880 — 1879 
And '80. 

Q. How did you hear of it? 

A. The Company had had surveyors there during a portion of the 
Summer — in fact, I guess nearly all the Summer; that was not 
through my order; it was men sent there by either the President or 
the Secretary; nothing that I had anything to do with — keeping 
track of the titles; simply the business of the concern that I looked 
after there. 

Q. Was there any other member of the Association on the ground 
other than yourself, at that time? 

A. Not at that time. 

Q. Did you hear of any other survej's being made than those that 
were made under the direction of the Company, at any time while 
you were there as Superintendent? 

A. 1 think I heard that surveying had been done there, but I never 
saw any one there that I remember of. 

Q. Wliere is the headquarters of this association of which you are 
Superintendent? 

A. 1 don't exactly understand that question ; their headquarters in 
New Jersey ? 

Mr. Munn — 
A. Yes, sir. 

Witness — 

A. The association office was located near the Monmouth House, 
near the ocean, where 1 had my office when 1 was on the property; 
I was not there every day ; that was the association office. 

Q. Is the association an incorporated company ? 

A. Yes, sir. 

Q. Incorported under the laws of New Jersey? 

A. Yes, sir. 

Q. Who were its oflScers at that time? 

A. Mr. James Hunter was its President; Mr. Samuel B. Hughey 
was its Secretary and, I think, Treasurer. 

Q. Where were they ? 



86 

A. They were here, during the Summer, at Spring Lake — lived, 
here; and in the Winter season they resided in Philadelphia. 

Q. Were there any resident Directors or Managers here? 

A. I don't know who the Directors were; I don't think I could 
name the Directors; the only Directors that I came in contact with 
were Mr. Hunter and Mr. Hughey, as President and Secretary; I 
knew one or two more of the Directors; I couldn't give you a list of 
them from memor3^ 

Q. Did you hear directly or indirectly of any surveying adverse to 
the title of the association ? 

A. 1 did. 

Q. When? 

A. Well, it was in the winter of 1880 — late in the fall or winter ; I 
should say not far from the first of January, possibly later than that. 

Q. How did you hear of it ? 

A. I don't know that I remember now how I did hear of it. 

Q. Did you see it going on ?. 

A. No, sir ; I never saw any surveying going on. 

Q. You had no formal notice of it ? 

A. No, sir. 

Q. Nor any direct knowledge of it? 

A. No, sir. 

Q. You simply heard of it in some indirect way? 

A. I had heard that surveying had been done there; but I never 
happened to be there when it was done; I never saw it done. 

William John Smith, a witness subpoenaed by the Committee, being 
duly sworn, testifies as follows : 

By Mr. Beekman — 

Q. Where do you live ? 

A. I live at Spring Lake, what they call Brighton now ; I own two 
or three building lots there. 

Q. Do you remember seeing William H. Shafto and H. H. Yard 
there during the Winter of 1880? 

A. I do ; yes, sir. 

Q. Did you have any conversation with them? 

A. I did, with Yard and Shafto both. 

Q. Did you show them any beginning corner of lands there ? 

A. Well, when I first discovered them I was working on what they 
call Brighton avenue, for Joseph M. Tuttle, of Newark ; I saw twa 
gentlemen drive up ; one was Shafto and the other was Yard ; Shafto 
was looking at Curtis' place on the beach ; they measured that gore 



87 

across there ; then ejot in the wagon and drove up ; Shafto says to 
me, "We are looking for the corner of the 105-acro tract; I says, "I 
know where it is, but I ain't employed to show you corners;" he 
says, " We ain't after anything to affect Mr. Tuttle, but after unoccu- 
pied lands on Spring Lake;" 1 says, "Have you been here before?" 
he says, "No," distinctly; I says to Shafto, "You ought to know 
where the corner is ; you have run and re-run this property ; " he 
says, " I do, pretty near ; there is one across here ; " they started 
and ran away east of what is called Howland's corner, on Spring 
Lake ; it was pretty near on it; I says, " I will show you one corner, 
there is the stone;" that was one of the intersecting lines of the 
Howland property, embraced in the 105 acres; came out the same 
place from the sea and ran across that way. 

Q. Have you any means of fixing the exact date ? 

A. Yes, sir; it was Wednesday, January 28th, 1880; there was a 
temperance lecture in the^hall up here, and Mr. Yard took the gentle- 
man home to supper, and in the ball I saj's, in the presence of my 
wife, " You had better not sit down so late and keep people waiting 
on you ;" the next day Yard and Shafto and I laughed over the mat- 
ter; it was advertised in the Asbury Park paper; I was working on 
Brighton avenue ; I went and set it down in the almanac, day and 
date, when it was. 

Q. You are positive that you are not mistaken ? 

A. I am positive that was the date ; Mr. Yard and Shafto both 
came then, and I see them frequently afterwards ; I see them there 
every day or two, until along about in February. 

Q. Did you see anybody with them? 

A. No, sir; I never saw anybody but Shafto, Yard and myself 

Q. Did you ever see anybody carrying any chains ? 

A. I never did. 

Q. You want to be careful to get your date correct; it is import- 
ant, and you want to be sure about it. 

A. Well, I am sure aboui it. 

John R. Conover, a witness subpoenaed by the Committee, being duly- 
sworn, testifies as follows : 

B}' Mr. Beekman — 

Q. Are you a surveyor ? 

A. Yes, sir. 

Q. Where do you reside ? 

A. Freehold. 

Q. Were you employed by the Spring Lake Beach Improvement 
Company to do any surveying? 



88 

A. I was. 

Q. When? 

A. In the summer of 1878. 

Q. Did you do any searching for them ? 

A. I made an examination of the title before going upon the prop- 
erty. 

Q. How long were j^ou on it ? 

A. During the months of June and July. 

Q. That is, the search or the survey ? 

A. That took in an examination of the titles, so far as shown by 
the records of Monmouth county. 

Q. How long were you at the surveying ? 

A. In addition to that examination of the titles in Monmouth 
county, I think I got some information from the Surveyor-Greneral's 
office, in Perth Amboy ; the work was commenced in August, 1878, 
and continued at different periods until thef'Slst day of October, 1879. 

Q. Who assisted you ? 

A. Well, I really assisted Mr. Segoine ; he was a Deputy Surveyor. 

Q. You had chain-bearers? 

A. We did. 

Q. What were their names? 

A. Their names were written on the map. 

Q. In the course of your searches or surveys, did you find any lapses 
or vacant lands ? 

A. We did, a block of nearly two acres, lying not a great distance 
north of the Monmouth House; shown on this map here. [Producing 
riiap.] We found that, and we found a gore running up along side of 
a tract of 50 acres, and laying north of it a gore; I can't say that 
that was strictly a vacant piece of ground ; by the strict chaining 
of the present day it was a gore that was unlocated, but there is a 
stone on that ground which is said to be one of the corners of the 50 
acre tract, some distance west of the line shown on that map ; in order 
to locate that 50 acres it was necessary to go back a considerable dis- 
tance, back to a corner on Three-Cornei-ed pond, and locate an original 
survey of 210 acres, to which survey are tied several small surveys ; 
it is not shown by this map ; it extends away over here on the same 
scale as far as this — [Indicating on map] — and then attached to the 
210 acres is a small survey of 17.11 acres, and to that is attached two 
small surveys; and to one of those is attached the 50-acre tract, after- 
wards known as the Howland tract; that we surveyed by strict 
measurement, and made a gore as shown on this map here between 
these two lines. 



S9 

Q. Were those gores on a valuable part of the Spring Lake j)rop- 
■erty, near their main buildings ? 

A. No, sir; it is on the northern portion of the property; it is val- 
uable, but not near the buildings. 

Q. Did you do much searching and labor before you found those 
gores ? 

A. Yes, sir ; a great deal ; made an examination of the records at 
Amboy, and an examination in the Secretary of State's oflSce. 

Q. Did the Company know of the existence of these gores till you 
discovered them after this labor and searching? 

A. Not that I know of; I notified Mr. Hughey, the Secretary of the 
Oompany. 

Q. Do you remember when you notified him ? 

A. The latter part of the Summer of 1878; I made an appointment 
with him at the Sea Girt House. 

Q. As a practical surveyor, could any one have found those gores 
without going through the same searching and surveying that you 
did? 

A. Not without making a thorough examination. 

[Map offered in evidence, and marked Exhibit C] 

WilJiam Segoine, a witness heretofore sworn, being recalled, testifies 
as follows: 

By Mr. Beekman — 

Q. You were employed by the Spring Lake Beach Improvement 
■Company ? 

A. Yes, sir. 

Q. You heard Mr. Conover's evidence? 

A. Yes, sir. 

Q. Were you associated with him during the time he speaks of? 

A. Yes, sir. 

Q. As a practical surveyor, could any one have discovered those 
gores without the same labor of surveying and searching that you 
made ? 

A. No, sir ; I don't think they could. 

Q. After you found those gores, did you take steps to have them 
taken up ? 

A. Yes, sir. 

Q. What did you do? 

A. I made a complete survey, of which that is a map. [fU^ferrfng 
to Exhibit C] 

Q. Did you have it regularly surveyed, as having chain-bearers ? 



90 

A. Yes, sir. 

Q. To whom did you send it? 
A, Mr. Boggs. 
Q. When? 

A. On the 26th of January. 

Q. Have you an acknowledgment from Mr. Boggs when h& 
received it ? 

A. Yes, sir ; I have. [Producing paper.] 

Mr. Beekman [showing paper to Mr. Boggs] — 
Q. Is that your signature ? 

Mr. Boggs — 
A. It is. 

Mr. Beekman — 

Q. It is dated January 26th. [To witness.] Did you mail that the 
same day it is dated ? 

Witness — 
A. Yes, sir. 

Mr. Boggs — 

That is my signature ; I have no doubt it went regularly through 
the mail. 

Q. You received that from Mr. Boggs ? 

A. Yes, sir; it was a registered letter. 

[Paper offered in evidence, and marked Exhibit jf).] 

Q. Did you receive any communication from the Surveyor-General 
in reference to your returns ? 

A. I received an acknowledgment ; yes, sir. 

Q. When was that? 

A. Under date of February 3d, I think. 

Q. Have you that letter ? 

A. [Producing paper.] Yes, sir. 

[Paper offered in evidence, and marked Exhibit EJ] 

Q. Did you receive any communication after the last letter in Feb- 
ruary, in which he speaks of a return made by H. H. Yard ? 

A. I think, on February 26th. 

Q. Was that the first you heard of it ? 

A. Yes, sir. 

Q. Had you been notified, either directly or indirectly, in reference 
to it? 



91 

A. ^o, sir. 

Q. The first communication was from the Surveyor-General, then ? 

A. Yes, sir. 

Q. Have you that letter? 

A. Yes, sir [producing paper]; under date of February 26th. 

[Paper offered in evidence, and marked Exhibit F.'] 

Q. That was the first you knew of the prior location of Mr. H. II. 
Yard ? 

A. Yes, sir. 

Q. When did you get back your return and survey from the Sur- 
veyor-General ? 

A. It was in November, 1880. 

Q. When you sent that to the Surveyor-Generrl was it in any dif- 
ferent shape as to the detachment of the piipcrs ? 

A. The eyelets had been taken out of it; this [indicating] was torn 
out, and this was torn entirely. 

Q. That was the only difference? 

A. Yes, sir. 

Q. In making a copy of that map could it be made on paper — tissue 
paper — by laying it upon it and tracing the lines? 

A. Certainly. 

Q. Have you overseen any map made and returned by H. 11. Yard? 

A. I have seen a map made, some portion of. 

Q. Have you a copy of that map ? 

A. I have sir. [Producing paper.] 

[Paper offered in evidence and marked Exhibit (?.] 

Q. Is there any correspondence between your lines and the lines on 
Mr. Yard's map? 

A. There is some correspondence. 

Q. Will you just point out in what particulars they correspond? 

[Witness indicates what he alleges to be corresponding line;* on 
the two maps.] 

Q. What is the scale ? 

A. It is 300 feet to the inch, and the ollu-r is 2(54; this [Exhibit 6fJ 
embraces more than the other; it runs off here [indicating]. 

Q. Did you over have any conversation with Mr. Shaflo, the gentle- 
man who was sworn, in reference to his survey? 

A. Yes, sir. 



92 

'Q. Did he state to you from what source he made his survej ; he 
and Mr. Yard ? 

A. No, sir. 

Q. Did he say anything about having your map? 

A. He said, "We had a copy of your map." 

Q. He said who had? 

A. He said " We had ; " he further said that my corner stake of 
the 105 acres was about right ; it agreed with his. 

Q. Where was this conversation? 

A. In my oflSce, in Freehold. 

■Q. Did he say from whom he got a copy of that map? 

A. No, sir. 

Austin Patterson, a witness subpoenaed by the Committee, being 
duly sworn, testifies as follows: 

By Mr. Beekman — 

Q. You reside in Monmouth county? 

A. Yes, sir. 

Q. You were a member of the Board of Freeholders for a number 
of years in this county ? 

A, Yes, sir. 

Q. Do you remember the law passed in 1860, and the amendment in 
1871, authorizing the Freeholders to lease oyster grounds in Shark 
river? 

A. Yes, sir. 

Q. As a member of the Board of Freeholders did you, under that 
law, lease any land in Shark river? 

A. Yes, sir. 

Q. Do you know whether that same law was re-enacted last Winter? 

A. If my memory serves me right, I saw, perhaps, a copy of the 
bill in Llie newspapers. 

Q. Do you know whether they have continued to lease those lands 
under that law? 

A. So far as I know. 

■Q. Do you know about the number of persons who lease? 

A. That would be hard to tell, unless I had the books here. 

Q. Were there as many as fifty ? 

A. Yes, sir; more than that. 

Q. On what part of Shark river do those leased lands lie? 

A. They are both sides of the river, and some lay in what is called 
the Musquash cove. 

Q. Does the tide ebb and flow there? 



9S 

A. Yes, sir. 

Q. Do you know whether the river has hcen navigable? 

A. Yes, sir. 

Q. For what sized vessels? 

A. Well, I have seen schooners laying in here; Captain Larry 
Newman has a pleasure vessel that he lays in here. 

Q. Do 3'ou know whether the river has been in common use by the 
people to pass and repass up and down the river? 

Y. Yes, sir. 

Q. As a common highway? 

A. Yes, sir. 

Q. As to the use of the river for fishing and crabbing and oystering, 
it has been common to the people for years? 

A. Yes, sir. 

Q. Back as far as tradition extends? 

A. Yes, sir; I can remember coming here for forty-five years, and 
seeing them fishing and clamming and crabbing, and I have seen 
vessels in here forty years ago. 

Captain John Brown, a witness subpoenaed by the Committee, being 
duly sworn, testifies as follows : 

By Mr. Beekman — 

Q. Do you live near Shark river ? 

A. Eight alongside of it ; yes, sir. 

Q. Do you own land next to the river? 

A. Not very close to it; no, sir. 

Q. How long have you lived near the river? 

A. I were bred and born at Shark river, sir. 

Q. How old are you? 

A. I am in my 67th year. 

Q. Have you ever sailed any vessel up the river? 

Y. Yes, sir. 

(^. What tonnage? 

A. Thirty tons. 

Q. How far did you go up the river? 

A. As far as what is called Deep Hole, riglit cross below the wagon 
bridge, about half or three-quarters of a mile; that is somewhere in 
the neighborhood of 20 years ago; I have seen them como in loaded 
and go out loaded. 

Q. How far up the river did they go? 

A. As far as that place ; I have known three to bo built on the 
river; at the head of the river, one of them. 



94 

Q. How far from the beach ? 

A. About five miles. 

Q. What sort of vessels were they? 

A. A schooner. 

-Q. Who built that schooner? 

A. A man by the name of Youmans. 

■Q. How long ago was that ? 

A. I suppose it was over forty years ago. , 

'Q. Do you know when the river was closed by the storms? 

Q. Yes, sir. 

Q. How long ago since navigation was closed ? 

A. It ain't over a year ago, I think, much. 

Q. In your experience on the shore, do you know whether the 
-storms often open and close these inlets ? 

A. I have known them to close and open them both — the shifting 
sand. 

Q. It is common for a storm to do that ? 

A. Yes, sir. 

Q. Do you know how many heads of families get their living by 
oystering and fishing in Shark river? 

A. I couldn't number them, but there is a good number of them. 

Q. Are there as many as one hundred of them ? 

A. I should think there were; oystering, and fishing, and crabbing, 
and the like of that. 

Q. Suppose the channel was shut up, would that spoil the oysters? 

A. If it would shut up, what we call stagnation water would kill 
the oysters and clams both. 

Q. When was this wagon bridge built? 

A. I don't remember when, 

Q. About how long ago ? 

A. I suppose that is twenty some years ago ; very likely it is since 
the first one was put up. 

Q. When was this one that is here now, built? 

A. That has been built since quite some time; I couldn't say how 
many years. 

Q. Less than twenty years ? 

A. I couldn't tell ; I have kept no memory of it. 

Q. Did you see that bridge building? 

A. I did, sir. 

Q. How was the material to build it brought here? 

A. The stone, I think, were fetched in vessels. 

-Q. Brought in from the sea? 



95 

A. From the sea; from the North. 

Q. Do you know that to be so? 

A. I do, sir. 

Q. What kind of vessels? 

A. Schooners. 

Q. Does any sort of craft go through the inlet now? 

A. I don't think there is anything larger than what we call sail 
boats; I haven't seen any in here lately. 

Q. You haven't seen any sail boats here lately? 

A. Yes, sir ; small sail boats — eighteen or twenty foot keel. 

Q. Drawing how much water? 

A. Perhaps not over a foot ; what they call a keel boat draws more 
•than what they would if they were flat. 

Q. Have you looked over the inlet lately ? — have you been through 
there ? 

A. 1 have, sir. 

Q. How much water can you draw there? 

A. You can load a vessel down to four feet, and come in or go out. 

Q. Now? 

A. Yes, sir ; you could last week. 

John E. Tilton, a witness subpoenaed by the Committee, being duly 
sworn, testifies as follows : 

By Mr. Beekman — 

Q. You are a resident of Wall township? 

A. Yes, sir. 

Q. You are a Freeholder of this township? 

A. Yes, sir. 

Q. Were you one of the Oyster Commissioners of this county? 

A. Yes, sir. 

Q. [Map shown to witness.] — Of what is that a map? 

A. It is a map of the oyster lots on the south side of the river. 

Q. Do they lease those rights from the county ? 

A. Yes, sir. 

Q. It is limited to two acres, is it not? — no one single person can 
lease over two acres? 

A. No, sir. 

Q. Do you know how many separate heads of families lease oyster 
grounds from the county? 

A. I don't; but I think there in about 300 lots, altogether. 

i^. Two-acre lots? 

A. No, sir; one-acre lots ; there is 193 on the old ground ; and then, 



96; 

in 1871 or 1872, there was another special act passed for up above,, 
and I think there was 188 lots in that. 

Q. There is another map, isn^t there ? 

A. Yes, sir; there is a map of the other side of the river; there is- 
not far from 300 of them. 

Q. Have you any idea of the value of the oyster business at Shark 
river ? 

A. No, sir. 

Q. Could you come within $10,000 of it? 

A. I can't tell ; I couldn't approximate it. 

Q. You have been acquainted with Shark river all your life ? 

A. Yes, sir. 

Q. Do you know whether the tide from the ocean ebbs and flow»- 
in the river? 

A. Yes, sir. 

Q. How far up in ordinary tides?" 

Witness — 

Q. How far up the river ? 

Mr. Beekraan — 

A. Yes, sir; how many miles from the ocean ? 

A. Well, I should think it was three or four miles — three miles up to- 
the old Shark river bridge. 

Q. It ebbs and flows above the bridge? 

A. Yes, sir. 

Q. Do you know whether it has been navigable for sailing vessels? 

A. I have seen vessels come in there with loads of fruit and stone 
and lime. 

Q. How long ago? 

A. In 1858. 

Q. What sized vessels? 

A. In '58, I think, Captain Clark brought in stone to build this- 
bridge. 

Q. How large were the loads of stone? 

A. From fifty to sixty tons, I suppose. 

Q. How long has it been since the inlet in the ocean closed so that 
large vessels couldn't get in ? 

A. I think the inlet is as good, perhaps, to-day as it has been for 
the last twenty years ; I recollect vessels being there forty years ago- 

Q. Do you know whether the river has been a common highway 
for row boats to pass up and down ? 

A. Ever since I can recollect, it has ; yes, sir. 



97 

By Mr. Munn — 

Q. Will you please describe Shark river, ho that a peiHon who had 
never seen it could get some idea of what it is? 

A. Go up and look at it and you can see for yourselves. 

Q. We want to put this down on j)aper, so that persons who haven't 
the Kunie opporiunity that you and I have, can understand it? 

A. It is navigable water reaching out to the ocean, between the 
towiishipn of Neptune and Wall, about two and a half or three miles 
long; and in the widest place is a mile wide, with only two tributa- 
ries leading into it; and it is salt water. 

Q. How wide is it at the mouth of the inlet ? 

A. It depends on circumstances; sometimes it is wider than at 
others ; sometimes it is fifty feet wide ; sometimes not over twenty; 
sometimes it is stopped up altogether, and they have to dig it out; 
as a general thing, when it is open, there is a regular ebb and flow of 
tide. 

Q. You regard it as of great importance that the channel should be 
kept open, do yo\i ? 

A. I do, sir. 

Q. Suppose it is accidentally' blocked up by a storm, why should it 
be opened ? 

A. It flows above, the water comes down from its tributaries and 
flows the lands of people, and destroys the oysters ; the water above 
becomes rather putrid ; it is always better when the channel is open 
for the ebb and flow of the tide from the sea ; on the other part, when 
the river is stopped, it has a tendency to create a malaria; generally, 
when the tide is stopped, it is fresh water that comes down. 

Q. Is the current swift or slow ? 

A. It is not ver}' swift above ; it depends on the channel a good 
deal ; there is not much tide above the bridge ; the drift stuff" will go 
up or down, just as the currents run : that has been my experience. 

Allen R. Cook, a witness called by the Committee, being duly sworn, 
tebtifies as follows : 

By Mr. Beekman — 

Q. You are an old citizen of Wall township? 

A. No ; 1 am an old citizen of Ocean township. 

Q. It used to be Ocean ? 

A. Yes ; it is Neptune now. 

Q. How long have you known Shark river? 

A. About 40 years, I should suppose — i2 or 43, may bo longer. 

Q. Does the tide ebb and flow in Shark river? 



98 

A. It did when it was open. 

Q. It is open now ? 

A. Yes, sir. 

Q. Do you know whether it was navigable, formerly, for large ves- 
sels ? 

A. Yes, sir; for 30 or 40-ton vessels it was navigable ; I think the 
last vessel that came in brought the stone, lime and lumber for the 
bridge ; I think it is somewhere about 25 years ago ; may be a little 
longer than that. 

Q. Has it always been a common highway for boats to pass and 
repass ? 

A. Yes, sir. 

Q. Have you any idea of the number of families that get their sup- 
port by fishing, crabbing and clamming in Shark river? 

A. It is a hard matter to tell ; there is a great many. 

Q. As much as 100 ? 

A. Yes, sir ; I would venture to say more than that ? 

Q. Do you own any land adjacent to the river? 

A. I don't now; I did. 

Q. How^ long ago ? 

A. Between two and three years ago I sold what 1 had along the 
river. 

Q. Have you ever had any notice from the Board of Proprietors 
about taking up any lands in Shark river? 

A. No, sir. 

Q. From any of the Deputy Surveyors ? 

A. No, sir. 

Henry H. Yard, a witness subpoenaed by the Committee, states that 
he has conscientious scruples against taking an oath, and having 
aflSrmed, testifies as follows : 

By Mr. Beekman — 

Q. Are you a Proprietor ? 

A. I am. 

Q. Do you uwn a quarter, or a whole, share ? 

A. 1 own a little more than a quarter. 

Q. Of whom did you buy it? 

A. I made two purchases — one of Mr. Howard Potter, I believe, 
of New York. 

Q. What did you give for the quarter share ? 

A. I think it was $300. 

Q. Is that the ordinary price? 



99 

A. There is no ordinary price. 

'Q. How loiii^ have you been a Proprietor? 

A. 1 couldn't tell you. 

'Q. As long as four or five years? 

A. I think not over two years. 

■Q. Are you a Deputy SuWejor? 

A. Yes, sir. 

•Q. Who appointed you a Deputy? 

A. Monroe Howell. 

Q. The present Surveyor-General ? 

A. Yes, sir. 

■Q. After you were u Proprietor, or before ? 

A. Long before. 

Q. Do you remember taking up any lands on Barnegat beach? 

A. No, sir. 

•Q. Did you take up any lands below Point Pleasant? 

A. No, sir. 

Q. Do you know of any lands being taken up there? 

A. I know of a survey which has been entered of record on the 
books of the Proprietors, for the Proprietors. 

Q. Who made that survey? 

A. I did. 

Q. It has not been taken up? 

A. No, sir. 

Q. You filed the return? 

A. No, sir; I filed the survey. 

Q. How many miles of the beach does that cover? 

A. I forget; I have no definite idea, except as driving up and down 
there two or three miles. 

Q. Is that survey here? 

A. I don't know. 

Mr. Beekman— [Addressing Mr. Register Force]— 
Q. Have you that survey here? 

Mr. Register Force — 

A. Yes, sir — [Producing paper.] 

Q. Is that the one, Mr. Yard ? 

A. [After examining paper]— This appears to bo the one. 
Q. Do you remember whellu-r you gave any notice to the adjoining 
land owners before you filed that ? 
A. I gave none. 



100 

Q. Have you, in any of your surveys, given any notice to the- 
adjoining land owners? 

A. No formal notice. 

Q. That survey is on the beach, isn't it, next to the ocean? 

A. It includes a strip of land running from near Point Pleasant 
Bouth, nearly to Station No. 11. 

Q. Are there any hotels on that property' ? 

A. I think there is one. 

Q. Did you ever search the records to see whether the land had 
been apportioned to any one before you made your survey ? 

A. Yes, sir. 

Q. Did you ever find a return of William Lawrence, recorded in 
1690, of 120 acres, which takes in part of your land there ; Liber 0.^. 
page 53, Perth Araboy ? 

A. I have seen that patent. 

Q. You don't think it includes any land you took up? 

A. No, sir; understand me; I haven't taken the land up. 

Q. Excuse me : the survey I mean; did you file a survey for laod^ 
here at Shark river, running from the river down to the beach, in^ 
front of the lands of the Association ? 

A. I have a suit with the Ocean Beach Association now pending, 
with regard to that question ; I filed several survej's. 

Q. For land running from Shark river down to the shore? 

Witness — 
Q. How far ? 

Mr. Beekman — 

A. I don't know how far. 

A. 1 filed one survey for lands north of where we are sitting, andi 
at this side of Shark river, for John W. Eussell. 

Q. How far down this side? 

A. That one was nearly north of us ; another survey, including the 
distance between that survey and West pond, now called Silver lake, 
for mj-self 

Q. Have you released your claims to any part of the lands so sur- 
veyed to the Ocean Beach Association ? 

A. I have just stated that that matter is in controversy in Chancei*y. 

Q. Has the Association paid $400 or $500, and secured title? 

A. No, sir. 

Q. What is in the Osborne survey ; that has been settled, hasn't it? 

Witness — 



itness — 

Q. What survey do you refer to ? 



101 

Mr. Beekman — 

Q. That other survey, on which you settled with the Association ? 

A. I advised the Proprietors to give them (Ocean Beach Associa- 
tion ) six months' privile^jje to purchase that survey of the Proprie- 
•tors. 

'Q. Did they purchase ? 

A. I understand that they did purchase it afterwards. 

•Q. For §500? 

A. I think that was the amount. 

Q. Do you know of anj' other of these claims being settled with 
the Board of Proprietors, besides that? 

A. I know of the sale of other property. 

Q. Other water front on the beach? 

A. Yes, sir. 

Q. Within the last two years? 

A. Yes, sir. 

'Q. Say within the last six months or a year? 

A. I think not. 

Q. Are there any negotiations pending, so far as you know, between 
the Hoard and individuals in settlement of your claims to the lands? 

Witness — 

Q. Whose claims ? 

Mr. Beekman — 

A. The Board of Proprietors. 

A. There are a number of surveys, perfected and ready for delivery, 
of uiilocated lands, in the office. 

Q. Do you know of any arrangements pending, between those now 
holding titles to such lands and the Board of Proprietors, by which 
the Board is to relinquish its claims to such lands? 

A. I think not. 

Q. Do you know whether the Proprietors have tixed any sum at 
which they will settle lor their claims to those lands? 

Witness — 

Q. Those lands, or my individual property?" 

Mr. Beekman — 

A. Those lands which they have lakt'ii up as a Board. 

A. There has been an otVor made for that Barnegat beach survey; 
1 believe it is wholly- in the hands of committees. 



102 

Q. They can make any bargain they please, so far as your rules are- 
concerned ? 

A. Yes, sir. 

Q. So far as your individual claims to the beach here are concerned,, 
is there any negotiation to extinguish your title? 

A. No, sir. 

Q. Are you interested in the Sandy Hook survey ? 

A. I should be glad to see it succeed. 

Q. Are you interested in the direct pecuniarj- results of the survey 
at Sandy Hook ? 

A. No, sir. 

Q. Is Professor Cook interested in it, do you know ? 

A. I don't know. 

Q. Do you know how many acres of land are taken up at Sandy 
Hook? 

A, Between 1,100 and 1,500 acres the survey, which is filed in the 
oflS^ce, calls for. 

Q. You have purchased at public sale the land covered by Shark 
river ? 

A. Yes, sir; together with a quit-claim of 300 feet of the banks,, 
carrying title where title has not been previously ceded by the 
Board. 

Q. What do you mean by quit-claim ? 

A. That the periphery of the including survey shall be a theoreti- 
cal line, 300 feet back on the land from high-water mark of the river^. 
of all title which the Proprietors hold in any lands included within 
those bounds. 

Q. Do you know how many acres of land are covered by the waters- 
of Shark river? 

A. A very gross estimate. 

Q. State as nearly as you can ? 

A. From 3,000 to 6,000. 

Q. That is covered by the tide-water ? 

A. Yes, sir. 

Q. The tide ebbs and flows over the whole of this land ? 

A. No, sir; it flows over the bed of the river. 

Q. Over these 3,000 acres — it flows over all of them ? 

A. I don't think you understand ; Shark river, as it was formerly 
known, was made up of three parts ; Shark river proper (in which, 
the tide does not ebb or flow), Shark river pond, and the mouth of 
Shark river, which is about a mile and a half long, from the sea to the- 
pond, in which the tide does ebb and flow. 



103 

Q. About how many acres of land do you claim of Shark river, over 
which the tide ebbe and flows? 

A. Three thousand or four thouHund ; 1 may be wrong one thous- 
and. 

Q. How much did you give for the land? 

A. In my settlement I am to pay the balance, making a total of 
$975 for the whole purchase. 

Q. Have you received a deed for it yet? 

A. I have not. 

Q. You have not paid the purchase money? 

A. Not the whole. 

Q. Have you paid part ? 

A. Yes, sir. 

Q. To the Kegister? 

A. No, sir; to the Treasurer. 

By Mr, Munn — 

Q. Has anj' survey been made of Shark river? 

A. Yes, sir. 

Q. Who made it? 

A. It was made by different parties, at different times, in sections. 

Q, Has anj^ survey been made to show your recent alleged purchase ? 

A. The survey is made, you might say, by myself, for the purpose 
of defining the title which I am going to receive, or which I seek, as 
purchaser. 

Q. Where is that survey ? 

A. It lies at home, on my table. 

Q. Is the whole of that survey included in the Ocean Beach 
property ? 

A. None of it. 

Q. About how much of the Spring Lake property is included in the 
survey you have located there? 

A. I don't know what you mean by their property. 

Q. Well, what they claim to own there; about how much of this 
land is included in what they claim? 

A. It would be guess work. 

Q. Well, three or four acres? 

A. I should judge there was about half of it ; the survey is for 
seventy acres. 

Q. About thirty-five acres, then ? 

A, Possibl}'. 

Q. There are the names of no chain-bearers endorsed on thin return, 

is there ? 



. 104 

A. No, sir. 

Q. The survey of the river of which you spoke, is that made by 
you oflScially, as a Deputy Surveyor? 

A. I have never thought of that question ; I presume it would make 
no difference whatever; as an individual, I buy; as a Deputy Sur- 
veyor, for the purpose of securing a return, I would send in a survey, 
signed by myself as Deputy Surveyor; in this instance, I presume, 
all that would be necessary would be a definition of the outline of the 
survey, and making out the title to me according to the order of the 
Board, by the President of the Board ; and that would convey the 
title of the Proprietors to myself, even without a return. 

Q. Then this matter has not been managed in the usual way of 
acquiring title? 

A. Not in the ordinary way of locating lands. 

Q. What have you acquired, a right of location ? 

A. I have acquired, I think, simplj' the right to demand, within 
one year after the auction sale, that the Proprietors shall convey to 
me all the title that they owned in Shark x'iver, together with all the 
title they owned within three hundred feet of the banks, at the time 
of the sale, upon tender of the balance of the purchase-money as 
agreed upon. 

Q. Do you expect to take a deed with some such description in it 
as you have now given, or do you expect to have a convej'ance with 
a more definite survey' ? 

.A. I told you before; a convej'ance by definite surve}', the periph- 
ery of that survey being the irregular line running ovei' the land 
measured, as near as possible, three hundred feet back on the land 
from the water's edge, with metes and bounds definite, according to 
actual measurement by chain. 

Q. Do you mean to have previous surveys exhibited in connection 
with yours ? 

A. I do. 

Q. Expressly in the deed ? 

A. Let me understand you ; I think it possible that I will not be 
able to perfect such a survey as to show every one before the deed is 
made ; but they will be so distinctly stated that no claim will be 
made to anything that the Proprietors have heretofore convej'ed ; 
and it was not the suggestion or thought of any person interested in 
the sale to make any such claim. 

Q. Is the map showing the survey you speak of, now at your 
office, made for the purpose of this conveyance? 

A. It is. 



105 

Q. You have spoken of Shark rivor as being in three parts ; which 
ijmrt, then, is included in the survey you speak of, now ut your office? 

A. I presume all three. 

Q. Please tell the Committee your view as to the amount of inter- 
est acquired by j'ou by this purchase? 

A. I don't understand what you moan by amount — number of clams 
ahd 03'sters ? 

Q. If you take it in that way : do you think you will acquire the 
<;lams and oysters ? 

A. I think I shall. 
•Q. Fisher and rijrhts of fishery ? 

A. I think so. 
'Q. Boats afloat? 

A. I have no title in the boats afioat. 
'Q. Rights of navigation ? 

A. 1 think there is no such thing as navigation. 

Q. Your view is, that this is not navigable water? 

A. Most assuredly. 

Q. From tlie ocean front at the inlet, and extending inland as far 
us the broad part of the river goes, including what you call the pond, 
the river and the inlet, you expect to take the whole? 

A. I have said this, and I am free to say it to any one at any time, 
that between the ocean and near the wagon bridge it may yet be 
decided there exists navigable waters ; near the wagon bridge, and 
east of it, there is a flat, over which, at high tide, there is not more 
than eighteen inches of water; the wagon bridge has been in exist- 
ence many years ; no one, I think, objected to it at the time, and 
there was no channel under it at the time, I am advised ; and 1 have 
never seen, except at times of terrific storms, more than three or four 
fecL of water over those bars at the highest Spring tides ; the wagon 
bridge is solid ; the railroad bridge is solid ; so far as the right of 
small boats to pass to and fro is concerned, such privilege was given 
long ago by the Proprietors to the public, until they sold to an indi- 
vidual. 

Q. Given by them how ? 

A. Given, I think, by the concessions; 1 know it is a matter of 
record in Perth Ambo}-, that the public have a right to pass and 
rejKiss over any water or woods owned by the Proprietors. 

Q. Can you refer us to that ? 

A. I can do so, I think, hereafter; 1 can't now. 

Q. Do so, if you please ; beside being the purchaser, you are one of 
tthe Proprietors ; I think tlie Committee would like to know, also, if 



106 

you think the Proprietors have the right to sell what you say you' 
expect to acquire ? 

A. I am not a lawyer, but, of course, have certain opinions on these 
matters ; I think that everything of a mineral nature, fixed and tied 
immovably, or not moving, within the bounds of Bast Jersey, i» 
owned by the Proprietors, unless they have ceded the title to some 
individual; that is about the purport of it; I feel, for instance, if a 
valuable gold mine might be found out yonder under the bottom oi 
Shark river, and the Proprietors had never conveyed, or ceded, or 
sold, or made any arrangement to sell that piece of land with any 
individual, they would be at perfect libertj' to take possession of that 
gold mine, or coal mine, or tin mine, as we find it in Wales — in Corn- 
wall. 

By Mr. Beekman — 

Q. Do you claim that the Board of Proprietors have any authority 
of government ? 

A. No, sir; they conveyed all their powers of government to 
Queen Anne. 

Q. Before they surrendered to Queen Anne, did they claim thet 
right to sell powers of government ? 

A. I think they did. 

By Mr. Munn — 

Q. Suppose we get Mr. Yard's affirmative statement; won't you go- 
on and say what else you think the Proprietors have a right to do? 

[Mr. G. D. W. Yroom, who appears as counsel for witness, objects 
to the question as immaterial, and as calling for the opinion of 
witness.] 

A. I have viewed Shark river, and still do, in exactly the same 
light I do West pond, within three-quarters of a mile, and Three 
Cornered pond, immediately below, and Wreck pond, two miles below 
that ; West pond was ceded in 1819 or '20 ; it was taken up by Andrew 
Bell, and conveyed by him to parties from whom Richard White and 
Peter White obtained their title; there were others involved, and, a& 
the final grantee, the Ocean Beach Association to-day has possession ;. 
this West pond is now known as Silver lake, in Ocean Beach ; later, 
in the seventies, the Ocean Beach Association bought from the Pro- 
prietors a small survey embracing the mouth of that pond ; I have 
gone through the mouth of that pond in mj' fishing boat, drawing at 
least a loot of water — to-day you can drive over, the mouth on a solid 
road ; I have taken clams in that pond, and they were exactly tha 



107 

same kind of cliims that are taken in such <|uantitieH in Sliaik river; 
it is said that this pond was taken up to secure the ri<;ht to oysi'^rin^ 
and fishing. There is testimony which can be produced to you in threat 
quantitj' that the same was the case wiih \Vre(;k pond, now owned 
by William V. Reed, the Sprin^r Lake Company, and the Sea Girt 
Company ; the title was made there to Kdward Brinley, by whom it 
was conveyed to Dovine Allgor; his title was sold by the sheriff, and 
bought in by Dr. Higgins and William V. Reed; I undei-stand, from 
the records of Monmouth county and from the hearsay testimony of 
the two men, Spring lake itself, then known as Fresh pond, was taken 
up in 1869, I believe; Wreck pond was very similar to Shark river. 

Q. Do j'ou know the fact that there was an inlet at Shrewsbury? 

A. I found a map of it at the office vvithin a week, which showed 
me that for the tirst time. 

Q. And that Sandy Hook was an island ? 

A. Yes, sir. 

Q. Have you taken up any lands on the Shrewsbury river ? 

A. No, sir. 

Q. Have you made any surveys of the Shrewsbury river? 

A. 1 banded none in. 

Q. Have you made any ? 

A. 1 presume a person could not be said to make a survey until he 
defines it. 

Q. Have you made any attempt, then ? 

A. T have made some inquiries ; I find oyster lands held there under 
Proprietory grants, to-day. 

By Mr. Munn — 

Q. You said awhile ago that Shark river is not navigable water; 
do you think it ever was? 

A. "Ever," carries one back — a long way back; from some work 
that I have done about Ocean Beach, here and inland, further than 
we are now, I presume that about seventy feet below where w«' are 
sittini'-, there was at one time navigable water; whether that was a 
million years or ten thousand years ago, I cannot say; all the marl 
beds show that they were at one time under water. 

Q. Do you think that within two hundred years. Shark river lius 
been navigable water? 

A. No, sir; excuse me; I say that back as far as Deep Hole — u 
pond about half a mile from the ocean, about 600 or 800 feet this side 
of the wagon bridge, rather — I have seen, not schooners, as has been 
testified here this morning, but sloops, single-masted sloops, bring in 
from five to ten tons of materials ami hauUMl out on that grass, or on 



108 

'the mossy bank each side of Deep Hole; I have heard explained the 
method of entering the river here in old times; the method of getting 
out was, often, to put out an anchor into the open sea and heave the 
vessel through ; I know it is dangerous to-day to come in with a fish- 
ing boat; I have taken a fishing boat over the bank, in preference to 
coming through the inlet, because there were bars of sand there, and 
not enough water to float you; it has been testified that it is in as 
good condition to-day as it has been for twenty years past; I should 
judge that to be the case. 

Q. Between the wagon bridge and the railroad bridge is a distance 
bow great? 

A. Four hundred and ninety-four feet; more than that, with the 
margins. 

Q. What is the rate of current there in the channel, or in the 
deeper part of the river ? 

A. I have seen days pass when there has been no reflex current, 
and when you could walk over in your shoes and not get your feet 
wet. 

Q. What is the rate of current to-day, do you suppose? 

A. I presume I ought to be better booked in that matter than I 
am, for I can't tell you, exactly; from two to three miles an hour; I 
may be wrong. 

Q. At the insetting and outflowing of the tide? 

A. Yes, sir; a person can walk along with the current, ordinarily. 

Q. Can we see the survey you have made? 

A. Yes, sir; but I think you would learn nothing from it; the 
maigin of the oyster ground would give you about the same idea ; it 
is free for the inspection of any person, at my office at the railroad 
station. 

B}' Mr. Beekman — 

Q. Did you have any personal inteview with the Surveyor-Cleneral 
in January, 1880? 

A. I did not, that I remember. 

Q. Did you have any communication by letter with him in Janu- 
:ary, 1880 ? 

A. Yes, sir. 

By Mr. Munn — 

Q. Do you know the date when this wagon bridge was built? 

A. Mr. Cook testified to that ; about twenty-five years ago, possibly 
longer; I have been told by some one that it was either twenty -seven 
•or twenty-nine years ago; which, I am not qualified to say; I think 
■there was a ford there before that time for a great many years. 



109 

Q. Are you interested with Professor Cook in the eurvey of Hundy 
Hook in any way ? 

A. I think not. 

Q. You know the fact that he was interested, do you not, in tliat. 
survey ? 

A. I do not. 

Q. Did you hear his evidence at Perth Amboy ? 

A. Yes, sir; I think he said he declined to state. 

Q. Do you know whether Mr. William M. Force is interested in- 
any of those surveys ? 

A. No, sir. 

Q. Or whether he is interested in any of those at Shark river, up 
on the beach ? 

A. No, sir. 

The Committee here adjourned, subject to the oall of the Chair.. 



110 



EXHIBITS. 



EXHIBIT A. 

'Resolved, "That the Deputy Surveyors be instructed, that they 
shall include in their surveys a certificate that they have notified the 
occupants of the property surveyed, that they were making such 
fiurve}' with a view to acquire title to the same, and that the Register 
give notice of this resolution to all the Deputy Surveyors." 

Resolved, " That no surveys of ponds, or of beach or shore prop- 
erty, in the Eastern Division of New Jersey, be returned on indi- 
vidual rights." 

"Notify Deputies." 

Perth Amboy, N, J. 
Dear Sir — I hereby send you, as above, copies of two i^esolutions 
passed at a meeting of the Board of Proprietors of the Eastern Divi- 
sion aforesaid, held at their oflSce in this place. 

Yours respct., J. Lawrence Boggs, 

May 16th, 1871. Register. 



Instructions from Andrew Bell, Surveyor-General of the lands of 
the Eastern Division of the State of New Jersey, to Annaniah Gifford, 
.a Deputy Surveyor of tbe said Eastern Division. 

I. 

Although in your commission you are appointed generally a Deputy 
Surveyor of the Eastern Division, yet you are only to survey, in your 
official capacity, within the county of Monmouth. This is done to 
prevent that interference of surveys which might otherwise take 
place if you were to survey in a part of the division you were unac- 
quainted with. By being confined to a district, your business will be 
local, and, of course, you will be much better acquainted with the 
situation of the vacant and appropriated land, and can better avoid 
an interference or mislocation. 



Ill 
II. 

You are to keep an amicable correspondence with each of the 
(Deputy Surv. yors who are authorized to survey in the same district 
■with yourself, and you are to inform them, respectively, from time to 
lime, of the surveys you make, in order to prevent any mislocation, 
4ind to avoid any interference with the workH of one another. 

III. 

You are not to lay out a leps quantity of land than ten acres in any 
one lot or survey, unless the same shall be found to be a vacancy 
^between former surveys or patents ; neither are you to make any 
unnecessaiy courses, indenting the surveys with internal angles, for 
the purpose of leaving out points of vacant land not so good as the 
rest; nor are you to make any long and narrow surveys, including 
swamps, rivers, creeks or brooks, nor any survey whatsoever of any 
rivers, creeks or brooks, without including a proper quantity of land, 
■on each or either side thereof, without a particular order from me for 
the j)urpose. 

IV. 

Whatever survey or re-survey you make, endeavor to find out and 
mention the course and distance that the beginning thereof bears 
from a certain corner of some other man's land, the ])atent or survey 
-whereof is upon record. If no such be within any reasonable dis- 
tance, then fix the course and distance of the beginning from the 
meeting of brooks, or some other remarkable thing, that there may 
remain the least uncertainty that is possible of the situation of the 
tract surveyed. 

V. 

Measure your chain before you begin any work, to see that it bo of 
a just length; and if it happen tO break during your work, measure 
it after you have mended it, to see that no links are lost. 

VI. 

As no survey can be right unless the chain bearers be just and ('are- 
ful in chaining, therefore, in order to induce them to be so, administer 
to them an oath or affirmation before they begin the work, that they 
will well and truly bear the chain in a just and impartial manner, 
according to the best of their judgments ; which oath or affirmation 
you have power to administer, by virtue of a grant for that purpose 
under the i^reat seal of New Jersey. And shew them, that unless 



112 

they keep their hand which they keep the sticks in to stick in the- 
ground, very near to the ground when they set a stick, that they will' 
be apt to err considerably by the leaning of the stick backwards or 
forwards, which by their oath they ought to avoid, and which they 
can easily remedy by keeping their hand near the ground. 

• VII. 

Be sure to go round the whole of the survey or tract of land with- 
your chain and compass, taking the courses and distauces from actual' 
observation and mensuration, except the last line; any other method 
frequently occasions mistakes b}' the interference of surveys, and^ 
creates great confusion and irregularity. 

VIII. 

As your returns of surveys are all carefully pi'eserved in the oflice,. 
and are in some measure a collateral proof with the record, it ia- 
therefore necessary that they should be as correct and as much alike- 
as possible; a form of one is delivered to you herewith, which you. 
will at all times observe. The method laid down is extracted from- 
many others, and the result of long experience ; it is the least liable- 
to mistakes, and if they happen (as the best may err) they are much 
easier discovered. It gives but little additional trouble in making, 
them out, and saves a great deal in examining them. 

In this example you will observe that it is recommended — 

1. That your returns be by way of letter to me, signed by yourself,, 
as Deputy Surveyor, and directed to the Surveyor-General. 

2. That all corners or ends of lines be numbered 1, 2, 3, 4, 5, &c.,. 
and 80 on, which will correspond with the field work. 

3. Having choser, a North and South line, as N. S. in the example, 
let all corners be set off by the help of parallels to that first line,, 
drawn at each corner; there are many other ways of protracting, 
but by experience this is found the least liable to mistakes. 

4. For the greater certainty in setting off the -parallels draw an 
East and West line at top, and another at bottom, as W. E., and set 
off upon these the distances of your parallel lines from your first 
North and South line, and thus making your parallel lines long, you 
run much the less risque of erring; let them all be laid down with a 
very fine black lead pencil stroke, and let also the lines of your difter- 
ent courses be continued some distance with a pencil stroke. 

5. Eemember to insert the course and length of the last line to the 
beginning; the neglect of it is alwaj'S looked upon as a cloak for a 
bad protraction, or some error in the work. When an error happens,. 



113 

It ought carefully to bo searched for and rectified, and not to be con- 
cealed with such an artifice, which eventually will bo discovered. 

6. 8et off the courses and distances as well on the several linos of 
the map as in the copy of j'our field work, corresponding thereto, 
■adding to the map such observations as may be necessary ; as on 
whom bounding, rivers, brooks, highways ; how many notches, blazes 
or letters on the trees or stakes, and what and where your corners 
are marked with ; and how your lines are marked with one, two or 
more notches or blazes, &c. 

7. In the vacant places of your paper set down the copy of your 
computations of the contents of every four-sided or three-sided 
figure, as in the exam|)le ; distinguishing the common base by the two 
•numbers at the end of it, and distinguishing the perpendicular by the 
single number from whence its let fall, or is taken to the base, and 
marking with a pencil the base near whore the perpendiculars fall, as 
in the example. 

8. Collect the contents of each of the particular figures on your 
[paper, in order to find the whole contents strict measure, as in the 
•example. 

9. After you have ascertained the quantity of acres, strict measure, 
•deduct on some vacant part of your paper the usual allowance of five 
per cent, for highways ; this is done by multiplying the quantity of 
acres, strict measure, by five, and dividing the product by one hun- 
dred and five, the quotient of which is the allowance, which deduct 
from the quantity strict, as in the example. 

10. Insert in the return and on the maj), the names of the chain- 
bearers, and others persons present, if any, at the making of the 
survey, that in case of any doubt or mistake, we may hereafter know 
who to call upon for information. 

11. Let your scale be as large as the paper will conveniently admit, 
and always remember to insert on the map, the number of chains it 
contains to an inch ; insert no more than one survey and return on 
a sheet of paper; send the whole of it, and lot the sheets be about 
the size of the example, that they may the more easily be preserved 
in the office in compact bundles of equal dimensions. 

12. If you survey any land on pine, or any other partial warrants, 
3'ou are to mention in the return that it is surveyed on such warrant 
as in the example, that the office return may be made out accordingly. 

IX. 

You are not to demand or receive more than at the rate of seventeen 
shillings and sixpence. New Jersey money, per diem, for your serviced 



in surveying, protracting, making maps, and computing the quantities- 
of any survey or lot of land ; and that an opinion may be formed, 
whether such charges are reasonable, or otherwise, you are to insert 
them at the bottom of the return, together with the time you spent 
in performing the work. 



You are to be attentive to the preservation of the timber and wood 
on the unappropriated lands within your district, and to prevent as 
much as possible, any person or persons from putting fire to the old 
leaves and decayed wood in the Spring of the year, as it destroys the 
young timber, and prevents the growth of any in future. If you 
hear of any person or persons who have been, or are employed, in 
committing trespasses on the property of the General Proprietors, you 
are hereby required and enjoined, to take the most immediate and. 
effectual steps to obtain a compensation for the Proprietors, for the 
injury sustained, and to procure such further redress as is pointed 
out by a late Act of the Legislature of the State. 

XI. 

As it has been a practice for persons to employ a Deputy Surveyor 
to survey particular tracts of land, without being entitled to rights 
to cover the same [which is done more for a cloak to cover their 
design to destroy the timber included within the bounds of the survey, 
than from any intention of having .the title confirmed to them] for 
the future, you are not to survey for any person whatsoever any 
vacant land, without his convincing you that he is entitled to rights 
to locate the same. And where you have made any surveys that are 
not returned, and you have reasons to think were intended for the 
purposes above, you are to acquaint the persons for whom they were 
made of this instruction, and direct them to secure the surveys, or 
prosecute them for cutting the timber thereon. 

XII. 

You are at all times to be faithful and attentive to the interest and 
property of the General Proprietors of the Eastern Division of New 
Jersey, and to be aiding and assisting in all matters relating to them. 

XIII. 

Be attentive to these instructions; the omission of any thing 
material, particularly in making out a survey, will be a discredit to- 



115 

yourself, and a loss to your employer, as in such c-aso no return can be 
made out b}' me. and a revocation of your commission will ensue. 

Andrew Bell. 

[Here follows an example of the mode of compotatiori and a dralt 
of a map to accompany a survey, referred to above.] 



[Example of a return, referred to above, Sec. 8.] 

SiR-r-I have survej-ed for John Jackson, at the request of Peter 
Nokes, on a right of location [of pine land], all that tract of unappro- 
priated land, situated near the head of the Wallkill, in the township 
of Hardystown, in the county of Sussex, and Eastern Division of the 
State of New Jersey: Beginning at a white oak tree, marked with a 
blaze and three notches on each of the four sides, standing near the 
farm of John Glenn, and distant thirty-three chains and ten links on 
a course south, sixty degrees east from the fourth corner of a survey 
of fifty acres of land, returned to said John Glenn on the first of Sep- 
tember, 1758, and recorded in the Surveyor-General's oflSce, at Perth 
Amboy, in Book S, Number 5, Pago 382; and also distant fourteen 
chains and eighty links on a course north, forty-five degrees and teu 
minutes west from a large rock, which is five feet in height and fif- 
teen in circumference at the base thereof; thence (1) north, six 
degrees and thirty minutes east, nineteen chains and seventy links; 
thence (2) north, seventy-three degrees and fifty minutes east, eleven 
chains and eight links; thence (3) south, fifty degrees and thirty min- 
utes east, fifteen chains and sixty-four links; thence (4) soulh. twenty 
degrees and fift}" minutes west, fifteen chains and sixty links; thence- 
(5) north, eighty-three degrees west, nineteen chains, lo the place «>i 
beginning, containing forty-four acres and twenty-three hundredth-* 
of an acre, strict measure, *and forty-two acres and thirteen hun- 
dredths of an acre, after deducting the allowance for highways, a 
map of which survey, a computation of its contents, the allowance for 
highways, a copy of the field work, and the name>* of the chain- 
bearers, and other persons present, are herewith delivered lo you. 
Dated September the first, one thousand seven hundred and eighty- 
four. 

JoH.N Stiles, 

Deputy Surveyor. 
To A. B., 
Surveyor-General. 



116 



EXHIBIT B. 

Parsippany, Marcb 1, 1880. 
Wm. Segoine, Esq. : 

Dear Sir — Yours of 28th February is received. Mr. Yard's sur- 
vey is made at his own request, I suppose. It is not necessary that 
a request be made to a Deputy to sui'vey our lands. As to admission 
to the office, "only Proprietors" are allowed access to the books by 
the late resolution. Yours very truly, 

Monroe Howell, 

Surveyor- General. 

P. S. Please recollect that warrantee or any other deed does not 
avail ; only the surveys on I'ecord by course and distance can be 
counted against the claims of the Proprietors. 

M. H. 



117 



EXHIBIT C. 

Sir — I have surveyed for the '' Kector, Wardens and Vestrymen of 
St. Peter's church, Freehold," in the county of Monmouth, and State 
of New Jersey, at the request of the " Spring Lake Beach Improve- 
ment Company," on a right of location, all that tract of unappro- 
priated land situate in the township of Wall, county of Monmouth, 
and Eastern Division of the State of New Jersey, beginning at the 
fifth station of a tract of eighty-three acres and two-hundredths of an 
acre, returned to Francis W. Brinley, January 11, 1847, and recorded 
in the Surveyor- General's oflBce, at Perth Amboy, in Book No. 22 of 
Surveys, page 293, and from thence running [1] south, eighty-six 
degrees and twentj'-eight minutes east, twenty-tive chains and twenty- 
five links; thence [2] north, nineteen degrees and thirty-two minutes 
east, thirty-nine chains and thirtj'-one links ; thence [3] north, twenty 
degrees and forty -seven minutes east, twenty-two chains and twenty- 
eight links ; thence [4] north, twenty degrees and thirty minutes 
east, fifteen chains and eighty-one links; thence [5] north, sixty-nine 
degrees and forty -eight minutes west, twenty-eight chains and eighty- 
two links ; thence [6] south, twenty degrees and twelve minutes 
west, five chains and seventy-six links ; thence [7] north, sixty-nine 
degrees and forty-eight minutes west, twelve chains and twenty-seven 
links; thence [8] south, forty-two degrees and fifty-eight minutes 
east, one chain and iorly-ono links; thence [9] south, eighty-seven 
degrees west, six chains and twenty six links; thence [10] north, 
thirty degrees west, three chains and thirteen links; thence [11] 
south, seventy-nine degrees and thirty-one minutes west, eight chains 
and twenty-five links ; thence [12] south, nine degrees and fifty-seven 
minutes west, five chains and fifty-six links; thence [13] north, 
eighty-six degrees and iorl5*-five minutes west, thirteen chains and 
fifty-nine links; thence [14] north, fifteen degrees and six minutes 
east, eight chains and thirty-seven links; thence [15] south, seventy- 
seven def-rees and fifty-one minutes west, two chains and seventy- 
five links ; thence [16] south, twenty-six degrees and tifty-four min- 
utes west, eight chains and forty-one links; thence [17] south, twenty- 
seven degrees and twenty-two minutes west, twenty-nine chains 
and eighty-two links; thence [18] south, seventy-eight degrees 
and twenty-four minutes east, two chains and forty-eight links; 
thence [19] south, three degrees and fifly-nino minutes west, two 



118 

chains: thence [20] south, sixty degrees and one minute east, 
two chains; thence [21] south, fifty-one degrees and one minute 
«a8t, twenty chains; thence [22] south, thirtj'-seven degrees and 
one minute east, ten chains; thence [23] south, forty-three 
degrees and thirty minutes east, two chains and five links; thence 
£24] north, sixty degrees and thirty-five minutes east, one chain ; 
thence [25] south, forty-two degrees and fifty-five minutes east, 
eighteen chains and nineteen links ; thence [26] south, fifty-four 
degrees and thirty-five minutes west, fifteen chains and forty links; 
thence [27] south, eighty-one degrees and ten minutes east, eight 
chains and fifty links to the place of beginning, containing four 
hundred and forty-nine acres and sixty-nine hundredths of an acre 
strict measure. But after deducting the following tracts and parts 
of tracts, viz.: Fiftj^-six acres and twenty-five hundredths of an 
acre, part of a tract of one hundred and five acres returned to John 
Forman, July 23d, 1746, and recorded in the Surveyor-General's office 
aforesaid, in Book No. 2 of Surveys, page 145 ; fourteen acres and 
ninety-two hundredths of an acre ; part of a tract of one hundred and 
thirty-seven acres and fifty hundredths of an acre, returned to Peter 
Knott, -December 13th, 1754, and recorded as aforesaid, in Book No. 
4 of Surveys, page 5 ; seventy-nine acres and eleven hundredths of an 
acre, returned to Kobert Hunter Morris, May 12th, 1760, and recorded 
in the office aforesaid, in Book No. 4 of Surveys, page 280 ; ninety- 
three acres and thirty-one hundredths of an acre returned to Peter 
Knott, June 8th, 1791, and recorded in the office aforesaid, in Book 
No. 9 of Surveys, page 222 ; sixteen acres and forty-nine hundredths 
of an acre, part of a tract of twenty-four acres and twenty-six hun- 
dredths of an acre returned to Kenneth Hankinson, May 10th, 1804, 
and recorded in the office aforesaid, in Book No. 13 of Surveys, page 
269 ; th'rteen acres and sixty-six hundredths of an acre, part of a tract 
of fifty acres returned to Peter Knott, June 16th, 1812, and recorded 
in the office aforesaid, in Book No. 16 of Surveys, page 215 ; three 
acres and fifty-eight hundredths of an acre returned to Andrew Bell, 
January 16th, 1833, and recorded in the office aforesaid, in Book No. 
20 of Surveys, page 415 ; two acres and eighty hundredths of an acre 
returned to Francis W. Brinley, Januaiy 11th, 1847, and recorded in 
said office, in Book No. 22 of Surveys, page 293 ; eighty-three acres 
and two hundredths of an acre, returned to Francis W. Brinley, 
January 11th, 1847, and recorded in said office, in Book No. 22, page 
:293 ; sixty-three hundredths of an acre, part of a tract of two acres 
and forty-five hundredths of an acre, returned to Francis W. Brinley, 
Ma}' 31st, 1847, and recorded in said office, in Book No. 22 of Surveys, 



119 

page 300; twenty-seven acres and twenty-three hundredtliH ol' an 
acre, part of a tract of thirty-one acres and eighty four hundredths 
an acre, returned to Francis W. Brinley, June 7th, 1855, and 
recorded in said office, in Boole No. 22 of Surveys, page 453 ; two 
acres and ninety-eight hundi'edths of an acre, returned to Francis W, 
Brinley, June 7th, 1855, and recorded in said office, in Book No. 22 of 
Surveys, page 453 ; nine acres and thirteen hundredths of an acre, 
part of a tract of twenty-four acres and eighty-six hundredths of an 
acre, returned to J. Lawrence Boggs, January 15th, 18G9, and recorded 
in said office, in Book No. 23 of Surveys, page 109 ; thirteen acres 
and eighty-two hundredths of an acre, returned to Annaniah Gittbrd, 
March 10th, 1869, and recorded in said office in Book No. 23 of Sur- 
veys, page 110 ; fifty hundredths of an acre, returned to Annaniah 
Gifford, August 30th, 1870, and recorded in said office, in Book No. 
23 of Surveys, page 123; which altogether amount to four hundred 
and seventeen acres and forty-three hundredths of an acre, there 
remains thirty-two acres and twenty-six hundredths of an acre, strict 
measure. A map of which survey, a computation of its contents, a 
copj' of the field work, the names of the chain-bearers and other per- 
sons present, are herewith delivered to you. 
January 24th, 1880. 

Wm. Seooine, ^ 

Deputy Surveyor. 
To Monroe Howell, Esq., 

Surveyor-General. , 

[Here follows a summary of the several courses and distances, and 
.a map of the tract.] 



120 



EXHIBIT D. 

Eegistered Letter Keturn Card. 

Postmarked at Perth Amboy, January 26th, 1880. 

Addressed to "William Segoine, Freehold, New Jersey." 



"Eegistry Keturn Receipt, sent January 26th, 1880. Registry No. 
25, from post office at Freehold. Registered letter, addressed to J. 
Lawrence Boggs, Perth Amboy, N. J." 



" Received the above described registered letter. 
" (Signed,) 

"J. Lawrence Boggs."^ 



121 



EXHIBIT E. 

Pausippany, N. J., February 3d, 1880. 
Wm. Seqoine, Esq. 

Dear Sir — A survey made by you for thirty-two and twenty-six 
• hundredths acres on the beach, near Wreck pond, in Monmouth 
oounty, is received. Please answer the following questions in refer- 
ence to the same, viz.: 

1st. Is this including survey surrounded on all sides by prior loca- 
tions and the ocean ? 

2d. Have adjoining owners been notified that the land was about 
being taken up ? 

3d. How near to high or low-water mark on the ocean does your 
line run ? 

4th. Does the rector, wardens and vestrymen of St. Peter's Church, 
Freehold, hold rights of locations ? and such other information as you 
maj have touching the matter. 

And oblige yours, truly, 

Monroe Howell, 

Surveyor- General. 



122 



EXHIBIT P. 

Parsippany, Feb. 26, 188a. 
Wm. Segoine, Esq. 

Dear Sir — A survey filed with me about the first of January last,, 
by H. H. Yard, Deputy, at Ocean Beach, I find includes a portion of, 
your survey in the same locality, filed near a month later. 

Yours, very truly, 

Monroe Howell, 

Surveyor- General. 

The following copies of Exhibits are furnished by the Eegister 
of the Board of Proprietors, pui-suant to the Committee's request : 

the barnegat bay survey. 

" Survej^ of 1,681 acres at Barnegat, Ma}^ 1, 1880, for Council of Pro- 
prietors, by H. H. Yard, May 28, 1880. 

" Returned the within survej' to the Council of Proprietors, for acrea 
1,681. " Monroe Howell, 

" Surveyor- General. 

" To THE Honorable Surveyor-General of Eastern Division or 
New Jersey : 
" Dear Sir — I have surveyed for the council of Proprietors of the 
Eastern Division of New Jersey, all that tract of unappropriated land 
and water, situate in Ocean county, at the northerly end of Barnegat 
bay, and lying between it and the Atlantic ocean, particularly 
described as beginning at the southwest corner of a tract of 39 acres, 
and an allowance granted by patent to Judah Allen, July 9, 1685, and 
recorded in Book L, page, 38; thence (1) south 60° 50', east 55 
chains; thence (2) south 18°, west 306 chains; thence (3) north 69° 
15', west 55 chains; thence (4) north 18°, east 306 chains, to the point 
of beginning. Containing 1,681 acres. 

"A map of the survej^ and a computation of the contents are here- 
with submitted to you. 

" Ocean Beach, N. J., May 1, 1880. 

" Henry H. Yard, 

" Deputy Surveyor, E. B. N. J." 
[Here follows the map.] 



123 



THE SPRING LAKE BEACH SURVEY. 



" Jiin. 1, 1880. Survey. Acres 72.55. For Henry II. Yard, in four 
tracts, in Monmouth county. 

''Returned the within survey to Henr}' H. Yard, on his deed from 
John R. Sbreve, for acres 77.82. Recorded in A B 11, .544 ; W— 11, 94. 

" Monroe Howell, 
" Surveyor- General," 
Oct. 20, 1880. 

" To THE Honorable, Surveyor General of the Eastern District 
OP New Jersey : 

Sir — I have surveyed for myself all the following unappropriated 
lands, situate in the Eastern Division of New Jersey, Monmouth 
county, Wall township, and lying between Three Cornered pond and 
the south side of Wreck pond. 

First, By an including survey: Beginning at the most easterly cor- 
ner of 105 acres, returned to John Forman, July 23J, 1846, recorded 
S 22, page 145, it being also the beginning corner of .31.84 acres, 
returned to H. W. Brinlej^, June 7lb, 1856, recorded L 22, page 453. 
324.23, returned to J. Lawrence Boggs, June 15th, 1869, recorded L 
23, page 109 ; thence (1) north, 37° 11' west, 23 chains 80 links ; thence 
(2) north, 50' east, 23 chains and 82 links; thence (3) north, 82° 50' 
east, 29 chains and 13 links ; thence (4) north, 37^ 50' east, 15 chains ; 
thence (5) south, 70° east, 6 chains; thence (6) south, 17° 17' west, 
61 chains and 54 links; thence (7) north, 70° west, 10 chains, to the 
beginning. Containing 138.632 acres; but after deducting the fol- 
lowing tracts and parts of ti-acts, namely, 17.02 acres returned to 
A.D. 1746, recorded in L 2. page 144; 15 acres returned 
to the heirs of John Brinley, A.D. 1745, recorded in L 11, page 97; 
50 acres returned to Peter Nott, A.D. 1812, recorded in S Ki, page 
215; 3.55 acres returned Andrew Bell, A.D. 1833. recorded in Book 
20, page 415; 20.45 acres returned to F. W. Brinley, A.D. 1847, 
recorded in S 20, page 300; 20.45 acres, part of 24.86 acres returned 
to J. L. Boggs, A.D. 1869, recorded in S 23, page 109; 17.— acres 
returned to Annaniah Giftord in gross in an including survey, at 18 — , 
recorded 23, page — . They together making 1.277 acres, there 
remaining 11.212 acres. 

Srcond, Beginning at the northeasterly corner of 31 54100 acres, 
returned to F. W. Brinley, .June 1, 1856, recorded in S 22, page 453; 
thence (1) south, 71° 4' east, 1 chain ; thence (2; south, 18° 56' west, 
22 chains 5(1 links ; thence (3) north, 7° 4' west, 1 chain ; thence (4) 



124 

• norlb, 18° 15' east, to the beginning, thereby forming a rectangle 1 
chain broad and 22? chains long, containing 2 acres and 25-100 of an 
acre. 

Third, Beginning at the southeasterly corner of a tract of 83 2-100 
acres returned to F. W. Brinley, A. D. 1847, recorded in S. 22, page 
294; thence (1) north, 19° 30' east, 39 chains and 30 links; thence 
(2) south, 7° and 30' east, 4 chains ; thence (3) south, 17° west, 56 
chains; thence (4) north, 59° 45' west, 37 chains; thence (5) north, 
53° 30' east, 16 chains; thence (6) south, 37° W. 11 chains; thence 
(7) 86° 30' east, 25 chains 25 links to the beginning, containing 55 
713-1000 acres. 

Fourth, Beginning at the most westerly corner, it being the south- 
erly end of the first course of a tract of 31 54-100 acres returned to 
F. AV. Brinley in 1856, recorded in S. 2, page 453 ; thence (1) south, 
18° 27' east, 4 chains and 50 links; thence (2) north, 70° 5' west, 3 
chains 98 links; thence (3) north, 6° 52' east, 6 chains and 22 links; 
thence (4) south, 31° 29' east, 2 chains and 64 links; thence (5) 
south, 47° 53' west, 1 chain, to the beginning, containing 960-1000 of 
an acre. 

" The total area of unappropriated lands in the above surveys is 
70 215-1000 acres, as may be found by reference to the map and cal- 
. culations of the areas of said tract, hereunto appended. 

" Done at Ocean Beach, N. J., Jan. 1, 1880. 

" Henry H. Yard, 
" Deputy Surveyor, E. D. N. /." 



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